SHASHANK PESTICIDES PVT. LTD Vs. HERBICIDES INDIA LTD

JUDGEMENT

(1.) DISCUSSIONS as per letter dated October 19, 1995, Ex.PW-1/3 and letter dated October 20, 1995, Ex.P-1/D1-D4 between the appellant and the respondent fructified in the terms of the contract pertaining to respondent manufacturing and supplying to the appellant 1,00,000 litres of 2,4-D Ethyl Easter � 38% as per Ex.PW-1/4.

(2.) UNDER cover of Ex.PW-1/4 the respondent intimated appellant that the contract was firmed up at the agreed rate of Rs.96.80 per litre with local/CST @2% extra. The letter also acknowledged respondent having received Rs.2,00,000.00 from the appellant as advance payment.

(3.) AS per the respondent it supplied 7000 litres of the chemical agreed to be supplied to the appellant for which invoices Ex.PW-1/16 and Ex.PW-1/17 were raised and delivery was effected through Meena Transport Company as per goods receipt Ex.PW-1/5. Respondent claims that since it had received Rs.4 lakhs as advance payment and Rs.2,91,152.00 remained due and pending for the supply effected it wrote letter Ex.PW-1/18 dated November 20, 1995 and sent the same through courier receipt being Ex.PW-1/19. Another reminder, Ex.PW-1/20 dated November 29, 1995, was sent by hand and in proof of acknowledgment, with the stamp embossed thereon the signatures of the receipt clerk were obtained. Payment not being forthcoming a third reminder Ex.PW-1/21 dated December 23, 1995 was sent through Registered A.D. Post, receipt Ex.PW-1/22, and acknowledgment card Ex.PW-1/23, which bears the stamp of the appellant was received.