Judgment

SHINGHAL, J.:- This appeal by certificate is directed against the judgment of the Bombay High Court dated July 17, 1970, by which it upheld the judgment of the trial Court dated March 3, 1965, decreeing the suit of the plaintiffs-respondents for Rupees 35,000 and interest with a part of their costs. It so happened that although there was initially much controversy about the facts, the parties realised the futility of disputing some glaring facts and agreed to take a decision, even in the trial Court, on what they once described as "interim consent terms", but to which they have stuck all through. We shall refer to them in a while, after stating some of the facts on which both the trial and the appellate Courts have placed reliance. That will bring out the significance of the "consent terms" and make them more intelligible.

2. The Premier Automobiles Ltd., hereinafter referred to as the plaintiffs, imported 13 cases of machinery from Italy. Case No. 249, which is the subject-matter of the controversy before us, contained an internal grinding machine weighing over 3 tonnes. It arrived in Bombay on February 21, 1960, by S. S. Jalsilton Hall The "Board", constituted under Sectio