NEERAJ AGENCIES Vs. HAWKINS COOKERS LTD.

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 10.5.2002 which has modified the decree of the trial judge dated 16.1.1999. Vide the judgment and decree dated 16.1.1999 the suit of the plaintiff seeking recovery of money had been decreed in the sum of Rs. 56,519/ - along with interest @ Rs. 15 % per annum. The set -off claimed by the Defendant had been permitted in the sum of Rs. 10,358/ - and Rs. 25,066/ - which was also awarded with interest @ 15% per annum. The impugned judgment had modified the decree to the extent that the suit of the plaintiff remained decreed but the counter claim/set -off decreed in favor of the Defendant had been set -aside.

(2.) THE substantial questions of law have been formulated on page 16 of the body of the appeal; they read as follows:

(3.) TRIAL Court had awarded the set -off in favor of the Defendants; it was of the view that the definition of the town target has not been given in Ex.PW -1/26; the plaintiff having failed to detail as how the town target had not been achieved by the Defendants, the counter claim of the Defendants on this count had been granted to him.