SANJAY DIESELS Vs. MIR ENGINEER & BUILDERS

JUDGEMENT

(1.) MIR Engineers and Builders, Samandar Bagh SP College Road, Srinagar -respondent in Civil revision on hand and petitioner in Civil Transfer Application being CTA No. 61/2011 (hereinafter Mir Engineers) vide No. MEB/DGS/GREAVES/248 -07 dated 5th August 2007 placed supply Order with M/s. Sanjay Diesel Kashmiri Gate, Delhi -petitioner in the Civil revision and respondent in Civil Transfer Application ('Sanjay Diesels', for short) for supply of 546 KVA DG Sets at the rate of 1.63 lac per set and 15 KVA 27 DG sets of at the rate of Rs. 2.79 lacs. The DG Sets were to be supplied by Mir Engineers to Chief Engineer, Headquarters, 15 Corps and the supplier i.e. M/s. Sanjay Diesel was duly informed in this regard. The transaction ran into rough weather after the supply order was partly acted upon. If Mir Engineers are to be believed, Sanjay Diesel did not provide service back up and few gensets, had mechanical defect and could not operate. Non -availability of service back up and mechanical defect in a few supplied gensets, are said to have exposed Mir Engineers to immense loss and mental agony.

(2.) BE that as it may, Mir Engineers on 18th April 2008 filed a suit in the Court of Principal District Judge, Srinagar for recovery of Rs. 36 lacs from Mir Engineers with costs and interest at reasonable rate till the amount was realised. Mir Engineers admitted that an amount of Rs. 29 lacs was payable by the firm to Sanjay Diesels. It was further pleaded that as an amount of Rs. 69 lacs was recoverable from the Sanjay Diesels on the grounds set out in Para 33 of the plaint, the amount of Rs. 29 lacs when deducted from Rs. 65 lacs, recoverable from Sanjay Diesels, an amount of Rs. 36 lacs remained to be payable by the firm.

(3.) LEARNED Trial Judge on 7th November 2009 upon perusal of the pleadings framed as many as 15 issues for adjudication. Two of the issues, being Issue No. 1 and 3 noticed below, were treated as preliminary issues.