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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.