STATE OF MADHYA PRADESH Vs. RAMSWAROOP VAISHYA

JUDGEMENT

(1.) These appeals are against the Order dated 12th August, 1997. Briefly stated the facts are as follows :

(2.) During the period of the contract gum in excess of the estimated quantity became available in the godowns at Karahal, Khadi and Sheopur. The respondent claimed that they were entitled, under the contract, to lift the additional quantity of gum at the contracted price . The Appellants did not allow the respondents to lift the additional quantities. Therefore both the respondents filed Writ Petitions in the High Court. Those two Writ Petitions have been disposed of by the common impugned judgment. In the judgment it has been held that the respondents are entitled as per the terms of the contract, to lift the additional quantities (which have become available during the relevant period) at the contract price.

(3.) We have heard the parties. In our view the High Court is right in concluding that during the contracted period the respondents could lift at the contracted price all the gum which became available in the godown allotted to them. The definition of the term 'Lot' shows that a lot means the quantity of Salai/Cheeed gum in a particular godown. In List I only estimated quantities are given. The purpose of mentioning that the quantity is estimated is because there could be more or less. Clause 15 shows that the purchaser has to purchase the entire quantity collected by the Samity in that lot. Further Clause 22(3) also shows that if the purchase of Salai/Cheed gum exceeds the notified quantity the purchaser is bound to purchase the same at the agreed price. We, therefore, see no infirmity in the impugned judgment and see no reason to interfere.