RAMAPRASADA RAO, NATARAJAN
Nanak Chand Shadurain – Appellant
Versus
Tinnelvely-Tuticorin Electric Supply Co. Ltd. , Calcutta – Respondent
RAMAPRASADA RAO, J. :- The defendant in O. S. No. 26 of 1966 on the file of the Court of the Subordinate Judge, Tuticorin, is the appellant. The plaintiff-respondent filed the suit alleging that it paid in excess to the defendant in the course of certain supplies of R. S. Joists for which orders were placed by the plaintiff with the defendant. It also included in the claim a sum of Rs. 210-70 towards demurrage charges which the plaintiff is said to have incurred due to the default on the part of the defendant, as also a sum of Rs. 410-41 towards bank charges which expense was also attributable to certain laches on the part of the defendant. It is common ground that under Ex. A-29 dated 17-6-1963 the defendant supplied towards order No. 1716/GL/2 dated 14-12-1961 placed by the plaintiff 265 pieces of R. S. Joists untested of a particular specification as detailed in the invoice and charged a sum of Rs. 31,861-17 as their price which included transporting and delivery charges.
Again, under Ex. A-30 dated 29-6-1963, 188 of such pieces were supplied by the defendant pursuant to the same order as above. In the invoices as above the defendant claimed that the foists were of a mea
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