KERALA LAKSHMI MILLS UNIT OF THE NATIONAL TEXTILE CORPORATION ANDHRA PRADESH KARNATAKA KERALA AND MAHE LTD Vs. TEXTOOL COMPANY LTD COIMBATORE

JUDGEMENT

(1.) ORIGINALLY the suit was filed by the first plaintiff Kerala Lakshmi Mills Limited and since it has been subsequently taken over by the National Textile Corporation the said mill as a unit of the Corporation has been impleaded as the second plaintiff. In fact the second plaintiff has been substituted for the first plaintiff. Though the plaintiffs have got a decree for a sum of Rs. 37,295/- since their claim for interest thereon before the suit has been denied they have filed this appeal.

(2.) THE plaintiff had dealing with the defendant Textool Company Limited by placing order for manufacture and supply of textile machinery by the defendant to the plaintiff and the plaintiff had been making advance payments therefor. A substantial amount of such advances paid became outstanding with the defendant on account of failure to supply goods and since inspite of time being extended again and again at the request of the defendant there was no delivery the said outstanding amount was demanded by the plaintiff in 1966. Since it was not paid the suit had to be filed for an amount of Rs. 66,020.50 with interest thereon the plaintiff has claimed a total sum of Rs. 83,858.35

(3.) IN the result the appeal is dismissed, but in the circumstances of the case there will be no order as to costs.