SUBRAMONIA PILLAI Vs. PALAI CENTRAL BANK LTD

JUDGEMENT

(1.) By Clause.5 of the Motor Oars (Distribution and sale) Control Order, 1959, made under S.18-G of the Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951) every person wishing to buy a new motor car was required to make a written application to a dealer in the form prescribed. The application was to be accompanied by

(2.) Ext. D-1, dated 10th July 1959 is a circular issued by the head office of the bank to its several offices prescribing the procedure to be followed in furnishing the guarantee. The material portion of that circular runs as follows:-

(3.) Ext P-1 is a letter of request addressed to the Madras Branch of the bank in a particular case, and Ext. P-2 the guarantee furnished by it to the dealer concerned. (This is not one of the cases under consideration, but these documents have been marked by consent as disclosing the true nature of the transaction in all the cases under consideration.) Ext. P-1 runs as follows: