Case Note & Summary
The plaintiff, M/s. Devidayal Sales Pvt. Ltd., filed a suit against the State of Maharashtra for recovery of Rs. 2,56,560/- with interest. The plaintiff had supplied pesticides (Endrin 20% E.C., Carbaryl 10% Dust, and Carbaryl 50% W.P.) to the defendant pursuant to a tender and subsequent acceptance. The defendant accepted the goods but failed to pay the full price. The court found that the plaintiff had proved the supply and the defendant's liability. The suit was decreed for Rs. 2,48,910/- with interest at 6% per annum from the date of suit till payment.
Headnote
A) Contract Law - Sale of Goods - Recovery of Price - Plaintiff supplied pesticides to defendant State under a contract - Defendant accepted goods but failed to pay full price - Court held that plaintiff is entitled to recover the balance price of Rs. 2,48,910/- with interest at 6% per annum from date of suit till payment (Paras 1-10).
Issue of Consideration
Whether the plaintiff is entitled to recover the price of goods supplied to the defendant and interest thereon.
Final Decision
Suit decreed in favour of the plaintiff for Rs. 2,48,910/- with interest at 6% per annum from the date of suit till payment
Law Points
- Contract
- Sale of Goods
- Interest
- Limitation
- Government Contract
