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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
Sidharth Polymer, Represented By Its Authorised Signatory – Appellant
Versus
Kerala Kera Karshaka Sahakarana Federation (KERAFED), Represented By Its Managing Director – Respondent
| Table of Content |
|---|
| 1. establishment of contract and subsequent claims (Para 1 , 2) |
| 2. jurisdiction of appellate authority in reviewing decisions (Para 3 , 4) |
| 3. compliance with product specifications and relevant laws (Para 5 , 6 , 9 , 12) |
| 4. final dismissal of writ petition (Para 7) |
| 5. conditions for claiming damages under sale of goods act (Para 8 , 10 , 11) |
JUDGMENT :
HARISANKAR V. MENON, J.
The petitioner, stated to be engaged in the manufacture of HDPE bottles, contends that pursuant to Ext.P1 tender notification floated by the respondent herein, for the supply of HDPE bottles on a regular basis, it participated in the tender process, turning out to be the successful bidder. An agreement is also stated to have been executed between the petitioner and the respondent. It is further stated that on the basis of the agreement, various purchase orders were being issued by the respondent seeking the supply of various quantities of bottles, which were also supplied. The petitioner further states that pursuant to Ext.P2 purchase order dated 18.12.1996, the respondent required the petitioner to make supply of the quantity of HDPE bottles to the extent mentioned therein. It is further pointed out
The court ruled on jurisdictional limits of appeals and product compliance, confirming discrepancies justify dismissal of claims.
The court ruled that unilateral deductions by the defendant without proper adjudication violated principles of natural justice, leading to the plaintiff's recovery claim being upheld.
The act of using delivered goods constitutes acceptance under Section 42 of the Sale of Goods Act, limiting the buyer's right to reject based on subsequent defects.
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