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1991 Supreme(Mad) 302

KANAKARAJ
Lakshmi Machine Work Limited – Appellant
Versus
Union of India – Respondent


Appearing Advocates:K. Parasaran, M/s. P. Seshai, Mohan Parasaran, K. Jayachanan, Advocates.

Judgment :-

The petitioner is a public limited company at Coimbatore. They have their factories in the Coimbatore District and they manufacture textile machineries. The machineries are manufactured according to precise specification and designs of their customers. In other words, the machineries are manufactured to suit the individual customer's need and requirements. If a particular customer does not take delivery of the finished goods, the petitioners will be prejudiced and they will have considerable difficulty in disposing of such machines. With a view to avoid such contingencies, it is stated that the petitioners take advance security deposits from the customers. Normally, the amount of security deposited is 10% of the value of orders. It is also contended by the petitioner that the widespread practice in the industry manufacturing tailor-made machineries to observe certain norms and conditions. They are as follows :-

(A) For the buyer not to pay interest

(i) on the retention money on the part of the buyer for proper performance of the goods;

(ii) In case of delay occasioned by postponement or order execution pending decision on further subsidiary specifications or due to subsequ







































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