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2021 Supreme(Kar) 656

S.SUJATHA, E.S.INDIRESH
Granite Corporation – Appellant
Versus
S. V. Industries – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pradeep Nayak.
For the Respondent: B.G. Sriram.

JUDGMENT :

S. SUJATHA, J.

1. This appeal is directed against the judgment and decree dated 10.11.2011 passed in O.S. No. 6522/2005 on the file of the XIV Addl. City Civil Judge, Bangalore [Trial Court].

2. For the sake of convenience, the parties are referred to as per their status before the Trial Court.

3. The plaintiff instituted the suit for recovery of Rs. 17,70,000/- along with costs and future interest against the defendant.

4. The plaint averments are that the plaintiff is doing business of manufacture and sale of different types of cranes. The defendant had placed order for supply of EOT crane and Gantry as per the Quotation No. SVI/QTN/592/2004 dated 04.03.2004. Part payment of Rs. 3,00,000/- was made on 14.05.2004 through demand draft by the defendant. Defendant through its representative Mr. Sateesh Katti sought for changes in the orders placed by the defendant. In view of the changes opted, the plaintiff informed through their letter dated 24.8.2004 that the changes if carried out will incur an additional cost of 25% for which the defendant agreed and on confirmation, the defendant issued another part payment of Rs. 2,00,000/- vide demand draft No. 210282 dated 25.9.2004 dr

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