BOMBAY HIGH COURT
N.J. Jamadar, J
SKF INDIA LIMITED – Appellant
Versus
BANARASI LAL MADAN – Respondent
JUDGMENT :
1. This commercial division Summary Suit is instituted for recovery of a sum of Rs.128,80,060.87 along with interest @ 18% p.a. from the date of institution of the suit till payment and/or realisation.
2. The material averments in the plaint can be stated in brief as under :
2.1 The Plaintiff is engaged in the business, inter alia, of manufacture and sale of ball and roll bearings. The Plaintiff sells the goods to its various stockists on principal to principal basis. The Defendant, who is the proprietor of National Machinery Stores, also deals in the business as authorized stockist for the Plaintiff of the goods manufactured by the Plaintiff.
2.2 Over the years, there have been transactions between the Plaintiff and Defendant in the said jural relationship. During the period commencing from September 1999 to November 2000, the Defendant had placed orders for sale and delivery of ball and roll bearings. Pursuant to the said orders, the Plaintiff had sold and delivered goods to the Defendant by raising diverse invoices, aggregating to Rs.1,42,40,710.59. The Defendant had accepted the delivery of the goods without any dispute or demur.
2.3 The Defendant, however, committed defa
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