Allowed

Zenith Computers Ltd. v. M/S. Kamal and Co.

Bombay HC4 Sept 2007S/1831/1988

Case brief

AI extract

What is this about?

The court dealt with a suit for sale of computer systems and services where parties failed to agree on a settlement figure. Subsequently, both sides agreed that defendants would pay Rs.80,000 within two weeks in full settlement, which the court accepted and decreed.

What did the court decide?

Decree granted against defendants for payment of Rs.80,000 within two weeks in full and final settlement of the suit claims.

Zenith Computers Ltd. Vs M/S. Kamal and Co. — Contract and Commercial Disputes | Bombay HC (2007)

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 rp a

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDIANARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 1831 OF 1988

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Zenith Computers Ltd....Plaintiff
V/s.
M/s. Kamal & Co....Respondent

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Mr.M.V.Pandey for plaintiff. .
Mr.Bipin Joshi for defendants. .

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CORAM:-S.C.DHARMADHIKARI, J.

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DATED:- 4TH SEPTEMBER, 2007.

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P.C.

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1.The matter was placed before the Court for
framing of issues.

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2.This claim arising out of sale of 86 Computer
systems and Technical services deserves to be settled
amicably in as much as considering the pleas raised,
there is not much of a dispute about the supply
thereof. Therefore a suggestion was made by this Court
to arrive at a settlement. Both sides were requested
to take reasonable approach.

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3.Bothsides prayed for time to negotiate.
However, they could not arrive at a figure which would

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:: 2 :

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be the payment in full and final settlement of the
claim. In other words, the amount could not be arrived
at and therefore, the matter was left to the discretion
of the Court.

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4.Yesterday, after the matter was placed before
me, both the sides agreed that upon the defendants
paying a sum of Rs.80,000/- (Rs.Eighty Thousand) within
a period of two weeks from today, the plaintiff to
accept the same in full and final settlement of their
claims in the suit.

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5.Mr.Joshi states that the defendants are ready
and willing, so also undertake to pay the above sum
within a period of two weeks from today. He further
states that the consequences in default would be that
the suit would stand decreed as prayed and in that
event the plaintiff would be at liberty to enforce and
execute the decree in accordance with law and recover
the sum prayed for in the suit or the balance thereof
with interest.

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6.Thus, the defendants submit to a decree on
admission in the above sum with the consequences

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:: 3 :

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provided for. The suit is decreed in these terms and
disposed of accordingly. Refund of court fees as per
rules. No order as to costs.

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(S.C.DHARMADHIKARI, J.)

Zenith Computers Ltd. v. M/S. Kamal and Co.

Case brief

What is this about?

What did the court decide?

Zenith Computers Ltd. v. M/S. Kamal and Co.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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