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THARPARKAR SUGAR MILLS LTD versus MESSRS ALI INTERNATIONAL (REGD.)


O XXXVII, R 3 Leave to Defend and Defend Suit Facts Needed Dispute between the parties was in relation to payment of money raised by the plaintiff against the export received by the buyer. And was arranged by a third party only to save the time limit for the claim of duty, the accuracy of the return required proof of whether the money was issued and for defense. The decision to apply for leave could not be made even at the decision stage and it was allowed under the circumstances.

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