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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
Thiagarajar Mills Ltd, Kappalur Madurai represented by the General Manager P.K.Venugopal – Appellant
Versus
N.Raguraman – Respondent
| Table of Content |
|---|
| 1. contractual obligations and warranty claims (Para 4 , 5) |
| 2. trial court issues and judicial processes (Para 6 , 8 , 10) |
| 3. plaintiff's contentions and evidence presented (Para 11 , 12 , 13 , 14) |
| 4. defendant's arguments against maintainability and liability (Para 15 , 16) |
| 5. faulty product claims and subsequent actions by defendant (Para 20 , 21 , 22) |
| 6. comparison of signatures and evidence sufficiency (Para 26 , 28 , 29) |
| 7. authority to sue and role of company representatives (Para 27 , 30 , 32) |
| 8. final decision and restoration of trial court judgment (Para 33 , 34) |
JUDGMENT :
K.MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.44 of 2009 dated 27.10.2010 on the file of the Subordinate Court, Thirumangalam (Camp Court), reversing the judgment and decree passed in O.S.No.435 of 2004 dated 18.03.2008 on the file of the Court of District Munsif, Thirumangalam.
2. The appellant is the plaintiff. The plaintiff Company filed a suit for recovery of sum of Rs.92,040/- with interest and costs.
3. For the sake of convenience and brevity, the parties hereinafter will be referred to as per their status / ranking in the trial Court.
4. The
Warranty obligations are binding, and a sole proprietor cannot evade liability owing to the nature of the business structure.
The main legal point established in the judgment is that in the absence of privity of contract, a party cannot claim a payment based on a commitment letter given by another party on behalf of a third....
The plaintiff failed to prove defects in goods supplied under the Reseller Agreement, resulting in dismissal of the suit and a decree for the defendant's counter-claim for unpaid invoices.
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