- (1.) - This appeal is directed against the order dated may 7, 1992 of a Learned Single Judge of this Court refusing to pass a decree on an application made by the plaintiff-appellant, inter alia, for a judgment upon admission for Rs. 14,12,996. 90.
(2.) SHORTLY stated the facts are that on or about 27th February, 1988 the plaintiff-appellant entered into an agreement with the first defendant- respondent, whereby and whereunder the appellant agreed to purchase from the first respondent and the first respondent agreed to deliver and commission, two Wester Work moulding Machines at and for a price of Rs. 7,45,000/- each. It was also agreed that the respondents would depute their Engineers for supervision and for commissioning of the said machines and undertook to conduct trial runs for demonstrating the vertical and horizontal face hardness as agreed. Delivery of the said two machines was to be effected by the first respondent within 30th July, 1988. It was also provided that 10% of the price should be paid in advance by the appellant against furnishing of an Indemnity Bond by the first respondent and 90% being the balance should be paid by the appellant against Proforma Invoice before despatch of the said machines on submission of a Bank Guarantee by the first respondent for 10% of the total value of the order.
(3.) PURSUANT to and in terms of the aforesaid agreement the appellant duly paid a sum of Rs. 1. 49 lakhs to the first respondent and the first respondent also executed an Indemnity Bond dated March 31, 1988.;