SHEFFIELD APPLIANCES LTD. Vs. STOW PACK INDUSTRIES

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 3.1.2011. No one appears for the parties although it is 2.30 p.m. This case is effective item No. 2 on the Regular Board of this Court today. I have therefore perused the record and I am proceeding to dispose of the matter.

(2.) CHALLENGE by means of this Regular First Appeal is to the impugned judgment and decree dated 15.1.2001 whereby the suit of the Respondent/plaintiff has been decreed. Recovery was claimed by the Respondent/plaintiff on account of having supplied corrugated boxes and cartons to the Appellant/Defendant.

(3.) THE Appellant appeared/Defendant in the suit and contested the suit on the ground that they had rejected the materials as they were defective. The Appellant took a stand that there was an agreement that only 2835 numbers 3 ply (1x1) inner box would be accepted under deviation on 50% rate deduction and 350 numbers 3 ply (1x1) inner box were rejected and the Respondent/plaintiff was to lift the same immediately.