USHA SALES LIMITED Vs. ARUNA GUPTA

JUDGEMENT

(1.) The learned counsel for the plaintiffs relied upon an authority of the Supreme Court reported as Mahanth Ram Das v. Ganga Das, AIR 1961 Supreme Court 882. The learned counsel for the defendants also relied upon this authority.

(2.) The perusal of this Supreme Court authority goes to upheld the contention of the learned counsel for the plaintiffs. The following excerpts from the Supreme Court authority would go to make the point clear :-

(3.) The following further observations (in AIR 1961 SC 882) are also instructive:-