SULDHIR ENGINEERING Vs. SIDDHARTHA SPAINFAB LIMITED

JUDGEMENT

(1.) This is a suit for recovery of Rs.10,79,440.00 with pendentelite and future interest at the rate of 24% per annum filed by the plaintiff.

(2.) The plaintiff is a partnership firm duly registered under the Indian Partnership Act. The plaintiffs are original equipment manufacturers, dealers and suppliers of Industrial Diesel Generating Sets.

(3.) It is averred that an order for supply of 380 KVA DG Set with accessories was placed by the defendants on the plaintiff and the defendants purchased the said DG set from the plaintiff against plaintiff's Invoice No. 1545 dated 3 1/01/1997 for Rs.12,65,000.00 on credit. On the assurances and representations of the defendants that the post dated cheques which were being issued by them be treated as equivalent to cash payment. The plaintiff accepted as many as six post-dated cheques by way of instalments amounting to Rs.2,10,500.00 each and delivered the DG set/equipments. The defendants made the plaintiffs to part with one no. of 380 KVA DG set with KCL Engine and other equipments as detailed in Invoice No. 01565 dated 31.1.1997.