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2002 Supreme(AP) 410

A. P. Heavy Machinery and Engineeringlimited, Vijayawada – Appellant
Versus
Cement Corporation of India, New Delhi – Respondent


DUBAGUNTA SUBRAHMANYAM, J.

( 1 ) THIS revision petition is filed against the order dated 10-4-2001 in I. A. No. 2545 of 2000 in O. S. No. 3 of 1998 on the file of ii Additional District Judge, Vijayawada.

( 2 ) THE plaintiff in O. S. No. 3 of 1998 is the revision petitioner. As per the averments in the plaint, plaintiff manufactures certain heavy machines, equipment and engineering goods and supplies them to the industries that require them. Plaintiff also undertakes the execution of engineering works which some times require the involvement of sub-contractors. It supplies anti-pollution equipment (ESPs) to various industries. First defendant placed purchase orders for ESPs in May, 1988, for four cement factories belonging to the first defendant. The first defendant was making inordinate delay in making the payments. It is further averred in the plaint that first: defendant has to pay a total sum of rs. 12,98,275-00 and without performing its part of the contract, the first defendant had unjustly deducted a total sum of rs. 12,38,689-00 as liquidated damages from the amounts due by them and first defendant is not entitled to do so and caused wrongful loss to the plaintiff. It also a



















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