KRISHNA KNITS Vs. SUNIL BUTANI

JUDGEMENT

(1.) VERSION of the appellants:

(2.) IT was further pleaded that the appellant purchased one Creative Embroidery machine for an amount of Rs. 9,95,800. The appellant firm was a partnership firm earlier, but after the partnership was dissolved, it became the exclusive proprietorship of Rajiv Sharma.

(3.) IT was further pleaded that one part of machine known as Stepping Motor Drive Card became out of order, on which the appellant contacted respondent No. 1. Respondent No. 1 had represented to the appellant that respondent No. 1 was competent to make proper repairs of the parts and Shiv Kumar respondent No. 2 was deputed to repair the machine. It was told by the respondents to the appellant that they have got training from China to set the spare parts right by making necessary repairs. The parts became out of order on 9.10.2005. The machine was China make and its spare part was Dhao make MS OIA.