:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 957 OF 1988 NO. 957 OF 1988 NO. 957 OF 1988 M/s. Aegis Logistics Ltd. ... Plaintiffs. V/s. M/s. Caprihans India Limited. ... Defendants. Ms. S.M. Dave for the Plaintiffs. Mr. P. Das Gupta i/b. Jhangiani Narula and Associates for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 22ND 22ND 22ND OCTOBER 2008. OCTOBER 2008. OCTOBER 2008. P.C. P.C. P.C. : : : . Heard learned Advocate for the parties. 2. Perused the pleadings. The following issues arise for determination of the Suit :- 1. Whether the Plaintiff proves that as set out in para 6 of the plain agreed to pay the amount claimed to the Plaintiff ? 2. Whether Plaintiff proves that the goods sold to the Defendants has never been rejected by the Defendant and used by the Defendants ? 3. Whether the Plaintiff proves that the :2: Defendant by themselves or through third party has made payment to the Plaintiff ? 4. Whether the Defendant has admitted any amount to be paid to the Plaintiff ? 5. Whether the Defendant has admitted that the interest on late payment of the invoices was to be paid by the Defendant as mentioned in para 5 of the written statement ? 6. Whether the Suit is within limitation ? 7. Whether the Defendants prove that all payments were received by the Plaintiffs in full settlement without any demur as stated in paragraph 4 of the Written Statement ? 8. Whether the Plaintiffs prove that Debit Note No.31 dated 30th September 1982 for a sum of Rs.1,48,848/- along with the statement giving particulars of interest receivable from the Defendants for delayed payments for the amount due under the invoices between December 1982 and July 1984 was sent by the Plaintiffs and received by the Defendants ? 9. Whether the Plaintiffs prove that the :3: payment made by the Defendants on 13th February 1985 for an amount of Rs.2,01,489.21 was towards the running account and not towards Invoice Nos.953, 1019, 1173, 1216, 1217 and 1533 ? 3. Plaintiffs to file original documents alongwith affidavit in lieu of examination in chief on or before 6th December 2008. If the same is so filed, place the suit for hearing and final disposal on 8th December 2008. If no steps are taken by the Plaintiffs, the suit to stand dismissed for want of prosecution without further reference to the Court. 4. Mr. Dasgupta states that on or before the returnable date i.e 8th December 2008, the Vakalatnama of M/s. Jhangiani Narula & Associates will be duly filed on behalf of the Defendants. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)