1. This appeal has been filed against the judgment and decree passed by the learned Judge of the City Civil Court, Ahmedabad in Civil Suit No.448 of 1983 dated 01.10.1987, whereby, part of the said suit was not decreed.
2. The facts in brief are that the appellant herein is a partnership firm registered under the Indian Partnership Act, 1932 and is engaged in the erection and fabrication project furnaces for acid etc. The appellant-firm had placed an order of 25,000 carbon bricks from the defendant.
3. It is the case of the appellant that they had paid in advance an amount of Rs.25,000/- towards the said goods. However, the defendant supplied only 500 bricks and did not supplied the rest of them. It is the case of the appellant that since they had to complete their project, they had to purchase the goods from other sources and thus had to suffer a damage of Rs.5,000/- on account of breach of contract by the defendant. Therefore, the appellant filed the suit in question for recovery of Rs.11,436.50 paise towards damages, cost and carriage from the defendant, which came to be partly allowed, by way of the impugned judgment and decree. Hence, this appeal.
4. Heard learned counsel for the appellant. Though served none appears on behalf of the defendant. While appreciating the entire evidence on record, the trial Court has come to the conclusion that as on 16.03.1982, there was no question of termination of defendant's contract or purchase of the balance of the contracted goods from the third party inasmuch as the termination of the contract with the defendant was in the latter part of the year 1982. However, on the basis of the invoices produced at Exhibit-48, 49 and 50, the appellant cannot claim any damages from the defendant,
5. Considering the facts of the case and the evidence on record, the view taken by the trial Court is just and legal. I am in complete agreement with the reasonings given by the trial Court while passing the impugned decree and hence, I find no reasons to interfere with the same.
6. For the foregoing reasons, the appeal is dismissed. No costs.
[K.S.
JHAVERI, J.] /phalguni/ Top