INDIAN TOBACCO SUPPLIERS PVT LTD Vs. ANDREW CHALMERS INDIA LTD
LAWS(APH)-1992-9-29
HIGH COURT OF ANDHRA PRADESH
Decided on September 14,1992

INDIAN TOBACCO SUPPLIERS (PVT.) LTD. CHILAKALURIPET, REP. BY ITS MANAGING DIRECTOR, SRI K.SOMAYYA Appellant
VERSUS
ANDREW CHALMERS INDIA LTD., CHILAKALURIPET Respondents

JUDGEMENT

G.Radhakrishna Rao, J. - (1.)Indian Tobacco Suppliers (Pvt.) Ltd., Chilakaluripet, represented by its Managing Director, Mr. K. Somayya filed the suit O.S.55/72, on the file of the Principal Subordinate Judge, Guntur, against defendants 1 to 5 for rendition of account of all tobacco sales etc. between the parties and for payment of the amount found due on such account to the plaintiff together with interest at 12% p.a. That suit, viz., O.S.55/72, was partly decreed by the Principal Subordinate Judge, Guntur, by his judgment dated 25-3-1985, holding that the plaintiff is entitled to get Rs.27,30,000/- less Res.6,05,000/- i.e., Rs.21,25,000/- from defendants 1 and 2, that the plaintiff is not entitled to any interest on the said amount and that the rest of the suit was dismissed. Aggrieved by the judgmentand decree passed against defendants 1 and 2, they (defendants 1 and 2) preferred A.S.No.1164 of 1986. The plaintiff M/s. Indian Tobacco Suppliers (Pvt.) Ltd., has also filed an appeal A.S.No. 1348/92 against the very same judgmentin O.S.55/72 aggrieved by the dismissal of the suitagainstdefendants 3 to 5 and also aggrieved by the disallowing of interest.
(2.)Andrew Chalmers (India) Limited, Chilakaluripet, who is defendant No.2 in the former suit O.S.55/72, filed O.S.87/75 against Indian Tobacco Suppliers (Pvt.) Ltd., who is the plaintiff in O.S.55/72, for recovery of a sum of Rs.65,331-15 together with interest at 6% p.a. This suit, O.S.87/75, was decreed with costs holding that the plaintiff is entitled to get Rs.65,331-15 from the defendant. Aggrieved by the judgment and decree in O.S.87/75, Indian Tobacco Suppliers (Pvt.) Ltd., filed the appeal A.S.No.1596/86.
(3.)As common questions of law and fact are involved in these three appeals and as these three appeals also ariseoutof the common judgment passed by the lower Court, the three appeals are being disposed of by a common judgment.
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