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1985 Supreme(Del) 128

D.P.WADHWA
UNIVERSAL PLAST LIMITED – Appellant
Versus
SANTOSH KUMAR GUPTA – Respondent


Advocates Appeared:
A.B.SAHARIA, A.K.DUTT, B.DUTTA, RISHIKESH, T.K.GANJU

D. P. WADHWA,j.

( 1 ) THE plaintiff is a public limited company. Earlier its name was Chowdhry Plast Ltd. The plaintiff owned 4,200 spindles with motors and accessories which were installed at 236, Industrial Area, Ludhiana. by a resolution of the) plaintiff it was decided to sell these spindles at a price of Rs. 1,02,440. 18. The defendant agreed to buy the same at this price. This was by letter dated 5th July, 1973 of the plaintiff to the defendant, which was agreed to by the defendant. This letter is Ex. P-4. Under this the defendant agreed to pay a sum of Rs. 10,0001- towards part payment and the balance amount of Rs, 92,440. 18 he agreed to pay to the plaintiff by 30th September, 1973. This letter also recorded the fact that the possession of the spindles had already been delivered to the defendant. Then this letter also contained the following conditions :

"we shall reader you all assistance as may be required by you for obtaining permission of all Government Authorities by way of signing all paper/dcuments applications appeals or such other papers as may be required in connection therewith. However, obtaining all the permissions will be entirely your responsibility. "by his



































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