S.S.
International Vs. Electronics Corpn. of India and Anr [2008] Insc 243 (21 February 2008)
A.K.Mathur
& Altamas Kabir
O R D
E R CIVIL APPEAL NO.1513 OF 2008 (Arising out of SLP(C) No.15415 of 2006)
We
have heard learned counsel for the parties.
Leave
granted.
This
appeal is directed against the judgment and order dated 18th March, 2006 passed
in City Civil Court Appeal No.124 of 1999 by the Division Bench of the Andhra
Pradesh High Court whereby the suit was partly decreed for a sum of Rs.5,28,624.41
ps. with interest at the rate of 12% from the date of suit till the date of
realization with proportionate costs.
Aggrieved
against this order, the present appeal has been filed.
Having
heard learned counsels for both the parties and after perusing the order, we
are of the opinion that the view taken by the High Court is correct and we
direct that a sum of Rs.5,28,624.41 ps. with -2- interest at the rate of 6%
from the date of the decree shall be paid by the appellant to respondent No.1.
The payment shall be staggered together with interest every month. The
principle amount along with the interest shall be paid in easy five instalments.
The payment of instalments shall begin from 1st March, 2008 and shall be paid continuously for
five months. The payment of instalment shall be made by 15th day of each month.
After receipt of full payment with interest, it will be open for the appellant
to take possession of the machine. The respondent shall also deliver the
machine without any hesitation to the appellant before us. All the transport
charges will be borne by the appellant.
The
Registry is directed to work out the instalment with interest of 6% and inform
the appellant so that the appellant shall pay the amount month by month.
The
cost is made easy.
The appeal
is accordingly, disposed of.
Back
Pages: 1 2