SANGHI BROTHERS Vs. METHODEX SYSTEM LTD

JUDGEMENT

(1.) This appeal arises out of the judgment and decree passed by the XIIIth Additional District Judge to the Court of District Judge Indore in Civil Suit No. 118B/93 decreeing the suit of the respondent/plaintiff for recovery of Rs. 79,750/ together with interest @ 18% p.a.

(2.) About the following facts there is no dispute. Appellant is a registered company so also the respondent. Respondent Company deals with the manufacturing and sales of office equipments and computers. Respondent company offered to supply computer peripherals. Said offer was accepted by the appellant and a purchase order was placed on 8.6.1989 for supply of following: <FRM>JUDGEMENT_546_MPLJ3_2012_1.html</FRM>

(3.) It was stated that the supply shall be made within two weeks and the vendor will install Unix and Unify with "C" Dev in the existing machine [386 Computer] and provide training on the O/S [i.e. the Operating System]. A sum of Rs. 32,250/ was paid in advance. According to respondent/plaintiff, peripherals were installed except the Unix OS because of the incompatibility of the machine.