ABB INDIA LIMITED Vs. BHARAT BIJLEE LIMITED

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the impugned judgment and decree passed by the learned Judge, Commercial Court, Vadodara, in Commercial Civil Suit No.138/2016, by which the learned Commercial Court has partly allowed the said suit and has passed a decree in favour of the original plaintiff for a sum of Rs.5,69,91,250/- with interest at the rate of 12% per annum from the date of filing the suit till the date of decree, and at the rate of 9% per annum from the date of decree till realization of the amount, with a liberty in favour of the appellant herein - original defendant to take the delivery of the transformers in question after making payment of the aforesaid amount along with interest, the original defendant has preferred the present appeal under the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as "the Commercial Courts Act" for short).

(2.) The facts leading to the present appeal in nutshell are as under:

(3.) Mr.Unmesh D. Shukla, learned advocate has appeared on behalf of the appellant (original defendant) and Mr.Jay Kansara, learned advocate, has appeared for M/s.Wadia Ghandy and Company for the opponent herein (original plaintiff).