CENTRAL HINDUSTHAN ITALIAN TRADING CO PRIVATE LTD Vs. PITTY BROTHERS PRIVATE LTD

JUDGEMENT

(1.) The whole of the Plaintiff's case must be based on the provisions in section 64-A of the Sale of goods Act, the relevant part thereof runs as follows: 64-A

(2.) The question in this case only relates to the provisions of sub-section (b) and the more relevant words as contained in that section are

(3.) The contentions made relate to the true effect and construction of the words "deduct" and "deduction" as also the phrase "he shall not be liable to pay". It is contended on behalf of the defendants that in respect of a contract for sale of goods where price is already paid in anticipation, the terms of sub-section (b) cannot apply. It is contended that there can be no question of, deduction where the price is already paid. According to the defendants therefore the words "deduct" and "deduction" are related to the physical act of payment of price.