JUDGMENT

R.C. Lahoti, J.-Gupte Cardiac Care Centre & Hospital (hereinafter the Hospital , for short) representing Healing Touch Angiography and Cardiac Surgery Centre Pvt. Ltd., both situated at Nashik, have filed Special Civil Suit No. 62 of 2002 in the Court of Civil Judge at Nashik on 20.12.2001. The defendants impleaded therein are M/s. Jostra Medizintechnic AG and Olympic Pharma Care Pvt. Ltd. situated respectively at Germany and Delhi, (hereinafter referred to as manufacturer and dealer , for short).

2. Olympic Pharma Care Pvt. Ltd., New Delhi has filed a suit against the hospital in the High Court of Delhi (Original Side) on 10.1.2002, which is registered as suit No. 190 of 2002.

3. It appears that the Hospital needed a Heart-Lung Machine alongwith accessories manufactured by the German company (the manufacturer) and marketed by the Dealer in India. The machine was delivered and installed. Disputes arose as the performance of the machine was not found to be satisfactory. There was correspondence and notices exchanged and then suits filed. The suit filed by the Hospital at Nashik is for recovery of Rs. 28,35,000/-. The plaintiffs therein have claimed the return of the ad