STANDARD CASTINGS PRIVATE LIMITED Vs. TEST EQUIPMENT

JUDGEMENT

(1.) The plaintiffs have filed the suit against the defendant for the recovery of Rs. l,25,000.00 with interest @ 18% per annum. The alternative prayer is made that if for , any reason a decree is not passed in favour of the second plaintiff, the same may be passed in favour of the first plaintiff or jointly in favour of both the plaintiffs for the same amount.

(2.) Before I refer to the pleadings I should note a few facts. On 06.11.1979, the first plaintiff M/s Standard Castings (P) Ltd. had placed an order for the purchase of 300 KV 5MA Panoramic 360" X-ray Unit, that is marked as Exhibit P-1 in the case. Towards the 10% advance a sum of Rs. 17.991.00 was paid by the first plaintiff on 22.02.1980. Towards 20% advance a cheque was issued by the first plaintiff that was dishonoured but subsequently on 18.07.1980 a sum of Rs. 53.883.00 was paid towards 20% advance.

(3.) It would appear that on 15.09.1980 the machine was ready according to the defendant. On 06.10.1980 the defendant wrote to the plaintiffs about the payment of the machine. On 20.10.1980, the defendant wrote to the first plaintiff demanding the balance payment of the money due and the defendant called upon the first plaintiff to pay the amount on or before 31.10.1980. On 23.10.1980, the first plaintiff wrote to the defendant acknowledging the receipt of the letter dated 20.10.1980 noting that the machine is ready and wanted to witness the satisfactory performance of the machine. On 19.12.1980, the first plaintiff wrote a letter to the defendant for transfer of the order in the name of his sister concern, the second plaintiff and the first plaintiff requested the defendant to issue a fresh proform a invoice. The first plaintiff had also mentioned the dates where money was to be paid. On 26.12.1980, the defendant would appear to have accepted the proposal of the first plaintiff. On 30.12.1980, the defendant sent invoice to the second plaintiff in the following terms: <FRM>JUDGEMENT_670_DRJ41_1997Html1.htm</FRM>