Mandatory certificate not being made available against purchase,
Fact in Brief:
Placed order for an Instrument with three conditions, One- Instrument should be Callibrated by NABL Accreditted LAboratory, Two- Documents to be sent to bank for making payment. Three- Against C form.
Confirms acceptance order and specifies two names who would issue the said NABL certificates.
Delivers the Instruments without the said Callibration Certificates and Does not send the documents to the Bank for claiming the payment on our account.
Subsequent to the developments, The suplier claims to have delivered the certificates as we issued C form. The two courts ie trial and Regular appeal passes order in his favor and confirms the certificates to be delivered without physically verification ie in absense of the mandatory certificates.
Subsequent to the first appeal going against us, we obtained RTI reply from the NABL regulatory authority and there reply is that, One of the two companies are not authorized to issue such certificates, ie they never have been accreditted by NABL for such issuances.
Now, WE have filed an appeal in Karnataka High Court ie RSA. the RTI application reply has been filed but awaiting admission.
The supplier has declared that he has not seen the calibration Certificates, He has not delivered the certificates but the judgement says, in all probabilities it is delivered. these statements are on record.
Now what could be the outcome of the RSA appeal.