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1997 Supreme(Del) 562

MANMOHAN SARIN
EASTERN TELECOM AND TECHNOLOGY LIMITED – Appellant
Versus
B. C. C. FUBA INDIA LIMITED – Respondent


Advocates Appeared:
KAMAL MEHTA, RAJIV NAYAR, Vivek Anand

Manmohan Sarin

( 1 ) THIS is a revision petition filed by the petitioner against the order dated 31. 5. 1995,bywhichthe learned Additional District Judge found the application of the petitioner under Order XXXVII, Rule 3, CPC, for leave to contest without any merit and not raising any triable issue. The application was dismissed. However, the learned Additional District Judge decreed the suit against the petitioner only for a sum of Rs. 1. 01,640. 00 without any order as to cost and interest.

( 2 ) THE facts giving rise to the impugned order are that the petitioner had placed orders on the respondent for manufacture and supply of Mother Boards, Equalizer Boards and Led Board with components, vide purchase order Nos. 229 dated 17. 7. 1992,230dated 17. 7. 1992and231 dated 18. 7. 1992. The goods were required by the petitioner for being exported to its foreign buyers. It is the case of the petitioner that the respondent was to first submit the samples to the petitioner by 10. 8. 1992. The said samples were required to be approved by the foreign buyer. It is the petitioner s case that the respondent had delayed the supply of the samples.

( 3 ) THE petitioner claims that the foreign buye










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