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1991 Supreme(Del) 330

USHA MEHRA
BHARTIA CUTLER HAMMER LIMITED – Appellant
Versus
AVN TUBES LIMITED – Respondent


Advocates Appeared:
Kumkum Sen, Rajnish Banati

Usha Mehra, J.

( 1 ). M/s Bhartia Cutler Hammer Ltd. has filed a suit under the summary procedure of the Code of civil procedure for recovery of Rs. 2. 24. 895 - against AVN Tubes Limited. Plaintiff has based his claim on the basis of the outstanding bills amount not paid by the defendant. The defendant had placed an order on the plaintiff company for the supply of Thyristor drive and Motors (hereinafter called the equipment ). This order was placed vide letter dated 16th April, 1987 Plaintiff supplied the materials and equipments as per order which was accepted by the defendant. The equipment was installed and commissioned by the plaintiff on 22nd May, 1987, 7/9th July, 1987 and 22nd October, 1987 respectively. After the installation, the equipment is working satisfactorily. The defendant company was to furnish the sales-tax Form-C to the plaintiff company in order to get exemption for the sales-tax. Even that the defendant has failed to furnish. Therefore, the plaintiff will have to pay additional 6% CSI which they are entitled to recover from the defendant. The defendant has failed and neglected to pay the outstanding bills amount in spite of repeated reminders, hence this suit







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