MINA EXPORT LIMITED Vs. AJIT KUMAR JAIN

JUDGEMENT

(1.) Mina Exports Limited, hereinafter described as the plaintiff has filed the civil suit for recovery of Rs.8,56,909.70 for the costs of fabric and damages.

(2.) The facts alleged are that the plaintiff has been placing orders for fabricaltion and supply of packed shipment for garments to be exported by it on the defendant (Ajit Kumar Jain), sole proproetor of Apple. Overseas. The order a were for fabricating the said garments. The plaintiff was supplying the fabrics for the said purpose along with the other accessories such as buttons. The defendant had to carry out fabrication as per specification provided by the plaintiff. After fabrication was complete and Inspection was given goods were packed and shipped by the defendant. The plaintiff 'in March 1993 supplied fabrics worth Rs.2,82,285.50 which included 250 mtrs of lining for fabrication of the garments. The defendant at that time was specifically told that said garments were to,be shipped on 30/03/1993 and immediately after fabrication the plaintiff should be informed so that the necessary checking/inspection can be effected.

(3.) The ,defendant is alleged to have failed to execute the orders and deliver the garments merits as directed. There was otherwise .inordinate delay as a result of which the plaintiff claims Rs. 5 lakhs which he would have earned in the form of profit. Plaintiff also claimed interest @24% From the date of the notice till payment.