SRINIVAS AND COMPANY Vs. INDEN BISELERS

JUDGEMENT

(1.) This is an appeal by certificate against the judgment and decree dated 12 January, 1962 of the Madras High Court dismissing the suit filed by the appellant and setting aside the decree passed by the City Civil Court.

(2.) The appellant filed the suit against the respondent and claimed a decree for Rs. 22,500/- by way of damages for breach of agreement or in the alternative compensation for the benefit derived by the respondent as a result of surrender by the appellant to the respondent of a certificate of maintenance by the appellant of after-sales service for diesel oil engines.

(3.) The appellant's case was as follows: There was on 14 November, 1950 an agreement between the appellant and the respondent that whatever diesel engines were imported by the respondent under the licence granted to the respondent by virtue of the appellant surrendering their certificate for after sales service of diesel engines would be distributed only through the agency of the appellant. The respondent was included in the approved list of importers. The respondent was granted licence to import oil engines, up to certain values. The respondent was granted in the month of May, 1951 what is called the "Blanket Licence" permitting the importation of diesel oil engines unrestricted both as regards quantities as well as categories or brands or makes of engines and of country of origin.