UNION OF INDIA Vs. S S INTERNATIONAL

JUDGEMENT

(1.) TWO suits numbered as CS(OS)587/1982 and CS(OS) 288/1983, the former filed by M/s S.S International and the latter by Union of India have been disposed of by a common judgment dated July 30, 2005 and pursuant thereto two separate decrees have been drawn up. The instant appeal, as per the opening sheet pertains to the decision in the suit filed by the Union of India. No appeal has been filed against the decision pertaining to CS(OS)587/1982.

(2.) IN the suit bearing CS(OS) No.587/1982, M/s. S.S.INternational prayed for a decree of declaration to the effect that rejection made by UOI in respect of 43.663.948 MT kishmish was void and illegal. Decree in sum of Rs. 5,41,234.85 was prayed for as per details given in para 48 of the plaint.

(3.) THUS, at the core of the dispute was the same matter in issue i.e. whether the goods supplied were defective justifying Union of India in not lifting a quantity weighting 10.952 MT which was sold by M/s S.S. International at a lesser price and whether the goods which were supplied were defective entitling Union of India to a refund for the payment made.