KAPSON PLASTICS PVT. LTD. Vs. EAGLE FASHIONS

JUDGEMENT

(1.) Learned Counsel for the Respondent states that she sent a notice of discharge to the Respondent, giving the date of hearing, however, the Respondent has shifted its address without any intimation to the counsel. Accordingly, Ms. Sunita Harish, Advocate is discharged from the case. Application stands disposed of.

(2.) I have already allowed the application for discharge on behalf of the counsel who was appearing for the Respondent. The Respondent was duty bound to ensure representation on its behalf, however, it has failed to do so. I have, therefore, heard the learned Counsel for the Appellant and am proceeding to dispose of the appeal. 2.

(3.) THE facts of the case are that the Respondent/Plaintiff filed a suit for recovery of Rs. 1,10,040/ - with interest @ 24% on the ground that the Respondent/Plaintiff had paid a sum of Rs. 50,000/ - in advance to the Appellant/Defendant for supply of plain crinkle sheets and since the Appellant/Defendant failed to supply the same, the Respondent/Plaintiff was entitled to refund of the advance of Rs. 50,000/ - as also the loss caused of Rs. 56,640/ - for purchasing the crinkle sheet @ Rs. 90/ - per sq. ft. instead of Rs. 42/ - per sq. ft. as was agreed upon.