SREEVATSA TUBES CORPORATION UNIT OF SREEVATSA TUBES PVT. LTD. Vs. PRAGATI ENGINEERING PVT. LTD. AND ANOTHER

JUDGEMENT

(1.) Suit for recovery of money due under sale of goods. The plaint averments are as follows:

(2.) The plaintiff has filed a reply statement contending that only on the instructions of the defendants, the goods were dispatched to Pugalur in Trichy district and the second defendant who is at Madras made payments for the goods sold, that as the transaction took place within the jurisdiction of this Court, this Court has got jurisdiction to try the suit, that the interest claimed at 21% is not very high, that the delayed supply of pipes to the defendants were only on account of the non-payment of the outstanding bills by the defendants that the defendants cannot take advantage of their own wrong as the fault was on their part without making payments for the goods delivered and therefore, they arc not liable for any liquidated damages much less the amount claimed in the written statement, that the goods were sold according to the prevailing market price at the time of delivery and there was no overcharging, that the defendants also raised no objection with regard to the price at the time when the goods were delivered to them but they accepted it without any demur and the present allegation of overcharging is baseless.

(3.) The following issues were framed for the trial.