USHA BELTRON LIMITED Vs. NAND KISHORE PARASRAMKA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 21st February, 1991 passed by the learned single Judge of this Court. Plaintiff filed a suit against defendant/appellant claiming damages for non-delivery of the ordered goods to the plaintiff in view of the difference in the contract price and the market price as on the due date for delivery of the goods before considering the arguments advanced on behalf of the parties, facts of this case are briefly noted hereunder.

(2.) The plaintif No. 2, M/s. N. K. Industries, is a partnership firm which placed an order upon appellant/defendant for supply of High Tensile Galvanised Steel wire in the month of April, 1968. Admittedly the plaintiff No. 2 wanted to purchase from the appellant/defendant 500 M. Ton of High Tensile Galvanised Steel wire under certain terms and conditions which had been specifically mentioned in the written order dated 23rd April, 1968 placed by the said plaintiff No. 2 with the appellant/defendant. The price and delivery schedule was also specifically mentioned in the said written order.

(3.) It has been alleged on behalf of the plaintiff that the delivery schedule as was agreed by and between the parties was not adhered to as a result whereof a considerable quantity of goods were not delivered to the plaintiff in terms of the agreement. On the basis of the agreed terms delivery of the material should have commenced by the 15th of June, 1968 and the material were required to be supplied @ 100 M.T. per month in regular installments of 25 M.T. per week.