FRIENDS AUTOMOBILES Vs. NEPTUNE EQUIPMENT PVT. LTD.

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 3.1.2011. This case is effective item No. 7 on the Regular Board of this Court today. No one appears for the parties although it is 12.45 pm. I have therefore perused the record and am proceeding to dispose of the matter.

(2.) THE challenge by means of this Regular First Appeal is to the impugned judgment and decree dated 31.1.2001 whereby the suit of the Respondent/plaintiff for recovery was decreed. The suit for recovery was decreed for price of two machines supplied to the Appellant i.e. one Neptune Diesel Smoke Meter and one Neptune Exhaust Gas Analyser.

(3.) THREE defences were raised by the Appellant in the Trial Court. First was that the Respondent had to return the cheque and receive the cash in exchange thereof. The second defence was that the machinery supplied was defective and the third defence was that the Courts at Ambala had territorial jurisdiction and not the courts in Delhi.