TECHNIS INDUSTRIES Vs. STAR TRADING COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Single Judge of this Court made in C. S. No. 623 of 1998.

(2.) THE case of the respondent/plaintiff, as could be seen from the plaint averments, is as follows:

(3.) THE suit was resisted by the defendants by filing a written statement stating that the present suit cannot be proceeded unless the suit filed by the defendants in Mumbai High Court in No. 3476 of 1998 is heard; that the plaintiff failed to take delivery of 1500 cases from 3. 1. 1998; that till date, he has taken only 425 cases; that apart from that, the plaintiff failed to honour invoices numbering four; that further, he has defaulted in payment of the cost of each installment of supply before taking delivery of the next; that the plaintiff by a letter to his banker caused to dishonour the bills relating to the above invoices unilaterally; that because of the non-clearance of the bills, the defendants did not make further supplies; that the suit is nothing but a counter blast to the suit filed by the defendants in Mumbai, and hence the suit was to be dismissed.