Full Judgment Text
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CASE NO.:
Appeal (civil) 1513 of 2008
PETITIONER:
S.S. INTERNATIONAL
RESPONDENT:
ELECTRONICS CORPN. OF INDIA AND ANR
DATE OF JUDGMENT: 21/02/2008
BENCH:
A.K.MATHUR & ALTAMAS KABIR
JUDGMENT:
JUDGMENT
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.