A.K.BHATTACHARYA, SUNIL KANTIKAR, S.DUTTA
KALYAN KUMAR SEN – Appellant
Versus
NATIONAL SMALL INDUSTRIES CORPORATION LTD. – Respondent
Mr. Sunil Kantikar, Member — The complainant started a business in name and style of M/s. SENCO for the purpose of earning his livelihood by means of self employment. In order to promote his business, he placed orders for certain machineries for manufacturing of sealing sticker with printing for currency note with the opposite party No. 3 under Leasing Finance System through opposite party No. 1 and the petitioner had to furnish a Bank guarantee of Rs. 90,000/- valid from 13.3.90 to 12.3.95 issued by the Performa opposite party. United Bank of India. The opposite party No. 3 was to supply three machineries one is slitting-cum-rewinding machine, the other is laminating machine and another rotogravure to the petitioner with one year guarantee for its quality and perfectness. But the opposite party No. 3 supplied defective machinery and not according to specification, as such the machineries were not functioning properly inasmuch as both ways slitting were not made by the machine and thereby frustrating and defeating the entire purpose of acquisition of the said machineries by the petitioner and the laminating machine supplied by the opposite party No. 3 under Leasing Finance Sys
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