UNITED INDUSTRIES COCHIN LTD Vs. MOHAMMED MOIDEEN

JUDGEMENT

(1.) S.A. No. 404 of 1952 is filed by the plaintiff and S.A. No. 424 of 1952 by the defendant in O.S. No. 590 of 1123 of the Cochin Munsiff's Court. The suit is for money due as per accounts. Plaintiff is a concern known as the United Industries (Cochin) Limited, engaged in the business of exporting and selling prawns. The defendant is a trader in prawns. The defendant entered into a contract with the plaintiff for exporting prawns to Rangoon and selling them there. Plaintiff used to advance money to the defendant and the latter supplied prawns for being exported to Rangoon and sold there. From out of the sale proceeds plaintiff used to appropriate the amounts advanced to the defendant, the expenses of export and sale besides their commission. Plaintiff advanced Rs. 2,500 to the defendant on 16.11.1122 as per Ext. A letter. On a settlement of accounts Rs. 1292-11-1 was found due to the plaintiff on 13.12.1947 and the suit is for this amount and interest thereon at 12 per cent per annum.

(2.) THE defendant admitted the dealings with the plaintiff but contended that the plaintiff's accounts were not correct and that the amount claimed in the plaint was not due from him. After the plaintiff was examined in part the defendant filed an additional written statement with the leave of the court in which he contended that the prawns that were entrusted by him with the plaintiff for sale at Rangoon were exported under permits obtained from the Travancore Government, that such export was in violation of the law and that the contract relating to the export and sale was, therefore, void.

(3.) IN Scott v. Brown, Doreing, Monab & Co. (1892 (2) Q.B. 724) Lindley, L.J. observed: