CAMCO MULTI METAL LTD. Vs. INTAMEX S.A.

JUDGEMENT

(1.) The present suit has been filed by the plaintiff for recovery of an amount of Rs.74,32,700/- against the defendants. Defendant No.1 is a company incorporated in Switzerland that is carrying on business in India through defendant No.2.

(2.) Brief facts of the case as per the plaint are that defendants made a sales offer to the plaintiff bearing No.S-6097-08 dated 15th January, 2009 for the sale of 200 MT of Secondary Aluminium Alloy ADC 12 ingots. The said sales offer was accepted by the plaintiff as per the terms and conditions as contained in the purchase contract dated 16th January, 2009 bearing No.CMML/08-09/136. In pursuance of the said contract, the defendants supplied the goods, however, there were certain objections with regard to the quality specification which were conveyed to the defendants vide complaints dated 13th March, 2009 and 23rd March, 2009.

(3.) Subsequently, the defendants sent another sale offer bearing No.6429-09 dated 20th January, 2009 to the plaintiff for the supply of 200 MT of Secondary Aluminium Alloy ADC 12 ingots of a particular specification. The said sales offer was accepted by the plaintiff as per the terms and conditions of the purchase contract bearing No. CMML/08-09/146 dated 22nd January, 2009. Again the goods were supplied to the plaintiff who had certain objections with regard to the quality specification. The same were conveyed to the defendants vide complaint dated 6th March, 2009 along with a test report.