FINE HANDLING & AUTOMATION Vs. USSOR MACHINE TOOLS

JUDGEMENT

(1.) The defendant in the suit in O.S.No.157 of 2010 on the file of the Additional District Court (Fast Track Court No.3), Coimbatore, is the appellant in the above appeal and the plaintiff in the suit is the cross-objector regarding the interest which was disallowed while decreeing the suit. The respondent in this appeal filed the suit in O.S.No.157 of 2010 for recovery of a sum of Rs.58,25,430.00 with subsequent interest on Rs.49,79,000.00 @ 12% p.a.

(2.) The respondent/plaintiff is a company incorporated under the Companies Act and carrying on business in Coimbatore in machine tools required for industrial purposes. On 9/2/2007, the respondent/plaintiff placed an order with the defendant under Order No.345 for supply of 7 Nos. of basic equipment Fine Lift FH 160 with gripper for sheet metal components and 7 Nos. of aluminium rack total overhead trolley with air supply kit and rack. The total value of all the equipments as admitted by the plaintiff is Rs.61,74,000.00.

(3.) It is the specific case of the plaintiff that the plaintiff made it clear to the defendant even while placing the order that the equipment should lift a minimum of 160 kg of material at all angles. From the case of the plaintiff, it is understood that the plaintiff placed order to purchase equipment which was expected to lift up to 160 kg of material with a capability of tilting at all angles. It is also the case of the plaintiff that the defendant should install the lifts at the site of the plaintiff and the defendant also agreed to deliver and install the lifts in twelve weeks and to give one year warranty.