SECRETARY, DEPT. OF IRRIGATION Vs. MILLARS MACHINERY CO

JUDGEMENT

(1.) This is an appeal by the defendants. The plaintiff supplied to the defendants a hot mix plant. The defendants paid only 90% of the price.

(2.) Defendant No. 1 invited offers for the supply of 6 numbers of hot mix plants. The plaintiff offered to supply the plant by their letter dated 22-1-1973. The 2nd defendant accepted the offer. He placed an order with the plaintiff for the supply of 2 numbers of hot mix plants. Subsequently the order was modified to confine it to one unit.

(3.) The component parts of the hot mix plant were despatched in two lots. The delivery was effected in March 1975. The invoice price of the hot mix plant is Rs. 3,69,888/-. One of the terms of the agreement of sale provided that the defendants have to pay 90% of the value on taking delivery of the plant and the balance 10% after the successful completion of the trial run. The case of the plaintiff is that the defendants did not promptly pay the 90% of the price even after taking delivery. According to the plaintiff much delay has been caused in making the payments. Any how, there was no dispute between the parties when they reached the court as regards the payment of 90% of the price of the plant. The plaintiff Submits that the erection of the plant was completed in July 1975 and an initial test run was given on 7-8-1975. The defendants suggested that the plant required some minor adjustments and rectification of certain defects. The plaintiff was ever ready to rectify the minor defects in the plant and also, willing to effect certain minor modification suggested by the defendants They were prepared to rectify the defects along with the final commissioning of the plant. The final commissioning of the plant required the active cooperation of the defendants. It involved some expenses to be borne by the defendants. The defendants have to provide the man and materials for the commissioning of the plant. According to the defendants, it required large amounts.