Software packages,
both Departments namely HP & Leasing Package and
Factoring & NCD package, the defendant has not
developed the said packages, inspite of payment ... develop both packages namely HP and Leasing Package,
Factoring and NCD package, period to develop both the
packages, payment for both the packages
materials to the Respondent and raised invoices
for such ongoing supply of packaging material amounting to Rs.45,34,589/-
as principal amount. The Respondent ... relation to packaging of glassware and their supply.
The Appellant supplied the goods to the Respondent, however, the goods
supplied were defective and a dispute
Indus Meta Enterprises Vs. M/s Akash Packaging & Anr.
established through email correspondence annexed (but no email was
proved by him).
In his cross ... supplied the material but thereafter
they withheld the remaining payment owing to defective quality of the
material supplied. He has further stated that plaintiff
contract
conditions.
6.0 Submitted to appoint arbitrator/s for
the four contract packages at para 1.0
above, please."
The appellant thereafter by its letter ... replied thereto stating:
"My client acting upon the notice, though
defective, takes it that all your claims are
disputed ones and hence
complete
penalty imposed and also if the respondent has to get the defects
remedied from a third party, that shall be at complete risk ... printer, web based application with customizable OUI
for data analysis and COTS package. According to petitioners, the
aforesaid work was commissioned after a delay
said agreement, awarded to the petitioner work for
construction of Power Channel Package at Tanakpur plant of the
respondent in the State of Utter Pradesh ... 30th April, 1993. It
is also not in dispute that the defect liability period was for a term of
one year only and which expired
Package-I: Sonapur Sports Complex at Tepesia
(Sonapur), Hockey Stadium at Bhetapara (Guwahati), New Indoor Stadium at
R.G. Baruah Sports Complex and Package ... dated 13.02.2004 to the respondent no.1 for
construction work for combined package-I and II for National Games, 2005 at
Guwahati on item rate
brevity, invited bids for procurement of mechanical
road sweepers (large) (Contract Package KEIP/ ICB/SWB4/2009-06). The bid
offered by BKG was accepted ... Company agreed to
provide goods and related services and to remedy defects therein in conformity
with the provisions of the contract. KMC, the purchaser agreed
location which was completed in the
year 2007-2008 for three Packages to the satisfaction of the
Engineer-in-charge. In one feeder right ... taken the court stay.
[6]. As per condition of contract, the defect liability period
was of 12 months from the date of commissioning
contract with the
appellant/defendant that defendant would manufacture CFL and
package with brand name with plaintiff's trademark 'Khaitan'. In
other ... trademark of the
plaintiff alone which was used on the package and product would
be made over to the plaintiff and plaintiff would cause same
