RUDNAP EXPORT IMPORT Vs. ESTERN ASSOCIATES CO
LAWS(DLH)-1983-4-12
HIGH COURT OF DELHI
Decided on April 26,1983

RUDNAP EXPORT-IMPORT Appellant
VERSUS
EASTERN ASSOCIATES COMPANY Respondents





Cited Judgements :-

G K ENGINEERING WORKS VS. ST JOHN THE BAPTIST CHURCH [LAWS(KER)-2011-1-119] [REFERRED TO]
UNION OF INDIA VS. ROOP NARAYAN AND [LAWS(RAJ)-1997-1-6] [REFFERED TO . AIR 1960 SC 100 10 (III)]
LAKSHMI CHAND TEXTILES VS. UNION OF INDIA [LAWS(DLH)-2004-9-39] [REFERRED TO]
SMT. SWARN KANTA AND ANR. VS. AMAR CHAND TAMRA AND ORS. [LAWS(P&H)-2010-11-356] [REFERRED TO]
REI AGRO LTD VS. STATE [LAWS(CAL)-2015-2-85] [REFERRED TO]
KANPUR JAL SANSTHAN AND ORS. VS. BAPU CONSTRUCTIONS [LAWS(ALL)-2015-5-202] [REFERRED TO]
LAKSHIMI CHAND TAXTILES VS. UNION OF INDIA [LAWS(DLH)-2004-9-107] [REFERRED TO]
ALCO CHEM LTD VS. HYDERABAD CHEMICAL AND PHARMACEUTICAL WORKS LTD [LAWS(APH)-2003-1-88] [REFERRED TO]
HYDERABAD CHEMICAL AND PHARMACEUTICAL WORKS PRIVATE LIMITED VS. ALCO CHEMICALS LTD [LAWS(APH)-2003-1-14] [REFERRED TO]
ARABINDA SINHA VS. AMITAVA SINHA [LAWS(CAL)-2013-8-39] [REFERRED TO]
GOPI RAM GOYAL AND OTHERS VS. NATIONAL HEART INSTITUTE AND OTHERS [LAWS(NCD)-2001-2-84] [REFERRED TO]
SMT. SWARN KANTA AND ANOTHER VS. AMAR CHAND TAMRA AND OTHERS [LAWS(P&H)-2010-12-694] [REFERRED TO]
SMT. CHANDAN DEVI D/O SHRI MADAN LAL JI VS. GYAN CHAND KOTHARI S/O SHRI RAJMAL KOTHARI [LAWS(RAJ)-2017-6-21] [REFERRED TO]
LAXMIKANT SHARMA VS. GOVARDHAN UPADHYAYA & OTHERS [LAWS(MPH)-2018-6-60] [REFERRED TO]
SWARN KANTA AND ANOTHER VS. AMAR CHAND TAMRA AND OTHERS [LAWS(P&H)-2010-12-697] [REFERRED]


JUDGEMENT

- (1.)M/s. Rudnap Export-Import, Belgrade, plaintiff filed the suit on 19th April, 1971 for recovery of Rs. 5,98,850.44 on account of balance of price of goods and. interest @ 6% per annum against M/s. Eastern Associates Co., New Delhi, a partnership firm (defendant No. 1) and its partners S. N. Goenka and C. R. Dass, defendants 2 and 3.
(2.)The plaintiff alleges that it is a Yugoslav Enterprise. It is registered in the Registry of Economic Organizations, Yugoslavia having its own seal and can sue and be sued in its own name. Shri Jevrem Sofronijevic, its representative in India, is authorised by a Power of Attorney dt. 5th Feb.. 1971 to institute- legal proceedings; In the year 1965, the Agriculture Department, Government of Andhra Pradesh wanted to buy TG 90 S Crawler Tractors of Yugoslav Make. The plaintiff agreed to sell the said goods to the defendants who in turn entered into a contract of sale with the Andhra Pradesh Government. The defendants were to get 20% commission on the ex-factory value of the goods out of which 10% as sales commission and the remaining 10% was towards servicing the machines for a period of three years from the date of delivery. The Andhra Pradesh Government on the request of the defendants agreed to open a letter of credit for 90% of the value of goods in favour of the plaintiff. 10% payment was to be made by the Andhra Pradesh Government to the defendants after one month of the delivery of goods at site.
(3.)The goods were shipped for Madras on 12th Dec. 1966. The' Bills of Lading, invoice for Rs. 39,80,669,54 and other documents were sent to the defendants on 19th Dec. 1966. The invoice amount was received by the plaintiff against the Letter of Credit. A sum of Rs. 6,81,178.00 as commission was remitted by the plaintiff to the defendants on 17th Feb. 1967. The goods arrived at Madras Port. The defendants got the goods cleared from Custom and delivered the same on 29th April 1967 to the Director of Agriculture, Andhra Pradesh Government, Hyderabad.
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