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P.D.SHENOY, B.N.P.SINGH
Cadila Health Care Ltd. – Appellant
Versus
Anuradha Enterprises – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Anil K. Kher, Senior Advocate, Mr. B.V. Desai & Mr. Rahul Gupta, Advocates.
For the Respondent:Ms. V. Girish & Mr. Girish Ananthamurthy, Advocates.

ORDER

DR. P.D. Shenoy, Member—Factual matrix of this case in brief are that Dr. Panduranga and his wife, Dr. Anuradha have been practicing for the last 15 years. Anuradha Enterprises is owned by them and they had agreed to purchase a diagnosing equipment from M/s. Cadila Healthcare Limited (for short ‘Cadila’) for Rs.2,45,000/-. Shri Shiva Shankar, Senior Marketing Engineer of M/s. Cadila Healthcare Limited delivered the ACTO Chemistry Analyzer at Hospet and installed the equipment on 27.2.1997 and warranty was executed for a period of one year. The Analyzer was being operated by a qualified technician and who was also trained by the official of Cadila. Subsequently, the equipment became faulty and the complainant intimated M/s. Cadila that the Analyzer had stopped functioning and started giving wrong and low readings. In short, there was a break down of the Analyzer. Mr. Nagendra, Engineer of Cadila attended to the defects and rectified the same on 13.12.1997 and photometer was also replaced on 8.10.1998. As the equipment did not function properly during the entire warranty period, M/s. Cadila extended the warranty period by six months on payment of Rs.10,000/- for maintenance. It



















































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