CONTINENTAL EXPORTERS REPTD Vs. BHAVNAGAR TEXTILES PVT LTDTD

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-plaintiff under Section 96 of the C. P. C. against the judgment and decree dated 8. 9. 1999 passed by the XXVI Addl. City Civil Judge, Mayohall, bangalore, whereby the suit filed by the appellant-plaintiff came to be dismissed. Therefore, he has come up with this appeal mainly on the ground that the court below failed to take into account the copies of the telex correspondence exchanged between the appellant-plaintiff and respondent-defendant and the court below has erred in not accepting the copies of the telex messages/correspondences as they are carbon copies, and that the alleged privity of contract has not been established by the appellant-plaintiff. Even though the defendant did not choose to cross-examine the plaintiff and did not adduce oral evidence to prove issue Nos. 4 and 5, the court below come to a wrong conclusion by holding that plaintiff failed to prove issue Nos. 1 to 3 in dismissing the suit. Hence this appeal.

(2.) THE case of the appellant in brief is that, it has engaged in the export of garments to various countries, so also the defendant-respondent is engaged in supplying of fabrics and processing of fabrics, and the defendant-respondent approached the appellant-plaintiff seeking orders for supply of fabrics for processing. The respondent-defendant used to supply the fabrics through others like Soma Textiles, Rohit Mills, etc. Some part of the payments were also made by the appellant-plaintiff to the aforesaid parties on the instructions of the respondent-defendant. Therefore, there is privy contract with the respondent-defendant. Accordingly, respondent-defendant was obliged to supply fabrics and process fabrics. Accordingly the plaintiff-appellant placed several orders with the respondent-defendant for the supply of aforesaid fabrics. The respondent-defendant undertook to supply fine quality of fabrics for export and assured to supply the entire quantity of fabrics ordered without delay and without any defect. The respondent-defendant was knowing fully well the consequential loss to be incurred by the plaintiff if there is any slightest defect and delay in processing of fabrics. Knowing fully well all these conditions the respondent-defendant did not follow the conditions while supplying the fabrics. The materials supplied by the respondent-defendant were defective and were not fit for export, therefore the appellant-plaintiff sustained loss to the tune of Rs. 2,12,080-50 ps. Accordingly, he filed a suit claiming in all Rs. 2,66,662-66 ps. , which include cost of bleaching, excess billing and non-delivery of orange and lilac coloured fabrics and the interest.

(3.) WHETHER plaintiff is entitled to claim interest at 18% p. a. from defendants?