Case Summary
Moidu’s Medicate Private Limited, represented by its Medical Director, is suing Wipro GE Health Care Private Limited for failing to deliver and install an MRI machine within the agreed timeline. The plaintiff claims to have sustained financial losses due to this delay.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Commercial Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove actual loss or damage due to the non-installation of the MRI machine.
Key Reasoning:
The plaintiff failed to prove that it sustained any actual damage or loss.
The plaintiff failed to prove that it sustained any actual damage or loss.
Why Defendant Won:
The plaintiff failed to prove that it sustained any actual damage or loss.
The plaintiff failed to prove that it sustained any actual damage or loss.
Supporting Evidence
The plaintiff has failed to prove that it has sustained any actual damage or loss due to the non-installation of MRI scanning machine by the defendant on time.
Judgment Evidence:
In the result suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moidu’s Medicate Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Wipro GE Health Care Private Limited
- Relation
- Represented by
Plaintiffs Documents
Purchase order dated 16.02.2016, various letters regarding delay, payment receipts.
Defendants Documents
Legal notice replies, installation reports.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Mayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreeraj.P.N
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abraham Markos
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chandapillai Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Alexander Joseph Markos
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Abraham Joseph Markos
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sharan Shahier
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Rajesh Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Compensation for loss incurred due to the delay in MRI system installation.
Evidence:
In the absence of proof of actual damage or loss, the plaintiff is not entitled for compensation.
Documents & Evidence
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Original purchase order placed by the plaintiff for delivering MRI scanning machine.
Reference:
Ext.A1
Document Type:
Amended Purchase Order
Submitted By:
Plaintiff
Relevance:
Amended purchase order dated 16.02.2016 for delivering and installing a pre-owned HDE MRI system.
Reference:
Ext.A1(b)
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by plaintiff to defendant regarding inordinate delay in installation of MRI system.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Office copy of the letter sent by the plaintiff to defendant concerning delay in installation.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Office copy of the letter sent by the plaintiff to the defendant stating that installation was not completed.
Reference:
Ext.A10
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email sent by the plaintiff to Biomed health care requesting return of two cheques issued towards the advance amount.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter of authorization issued by Wipro GE Health Care.
Reference:
Ext.B1
Document Type:
Service Report
Submitted By:
Defendant
Relevance:
Service report issued by Wipro GE Health Care documenting the installation.
Reference:
Ext.B4
Case Classification
Case Type
Commercial Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Delay in delivery of equipment
Case Code
Case between Moidu’s Medicate Private Limited vs Wipro GE Health Care Private Limited regarding compensation for breach of contract.
Case Code Year
Case between Moidu’s Medicate Private Limited vs Wipro GE Health Care Private Limited regarding compensation for breach of contract.