B.S.YADAV, V.BALAKRISHNA ERADI, A.S.VIJAYAKAR, Y.KRISHAN
CUREWELL HOSPITAL PRIVATE LIMITED – Appellant
Versus
KOHLI MEDICAL GASES PVT. LTD. – Respondent
Mr. B.S. Yadav, Member—The complainant, M/s. Curewell Hospital Private Limited, is a company incorporated under the Indian Companies Act, 1956. Dr. Vinod Surana is its Director. In order to make the hospital a self-contained one, Dr. Surana needed a Central Medical Gases Pipelines System (CGPS) and for this purpose, he wrote a letter to Opposite Party No. 1. M/s. Kohli Medical Gases Pvt. Ltd. (for short O.P. No. 1) on 24.1.1989 soliciting information in this behalf. As required by O.P. No. 1, Dr. Surana sent Architectural Design of the hospital to them. Thereafter Mr. Romi Talwar, Proprietor of M/s. D.R. International, Bhopal, Opposite Party No. 2 (for short O.P. No. 2) contracted Dr. Surana, with reference to the letters exchanged between him (Dr. Surana) and O.P. No. 1 stating that O.P. No. 2 was the authorised agent of O.P. No. 1 in the State of Madhya Pradesh. O.P. No. 2 also stated that the order would be received through them (O.P. No. 2) and it would be executed by O.P. No. 1. On this basis, Dr. Surana agreed to receive the supply and service of installation of CGPS at the agreed price of Rs. 3.30 lacs. This price was worked out and communicated by O.P. No. 1 to O.P. No
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