KAMALA SUGAR MILLS Vs. GANGA BISHEN BHAJAN SINGH

JUDGEMENT

(1.) THE defendant in O. S. Nos. 628, 656 and 663 of 1667 on the file of the court of the Subordinate Judge of Coimbatore has preferred these appeals.

(2.) THE defendant Messrs. Kamala Sugar Mills Ltd. , are manufacturers of starch flour and liquid glucose. The plaintiff who was interested in the said goods entered into five contracts in December, 1964 with the agent of the defendant at Delhi. The contracts are exhibited as Exs. A-l, A-2, A-3, A-4 and A-5. Ex. A-l is dated 3-12-1964 which was for the supply of one wagon (220 bags) of starch flour at Rs. 42. 50 per 50 K. Gms. Exs. A-2 and A-3 dated 8-12-1964 were each for the supply of 2 wagons of starch flour (here there is no further description as to the quantity of bags) at Rs. 42. 50 P. per 50 K. Gms. Exs. A-4 dated 1712-1964 is another contract for the supply of two wagons of starch flour (here the descriptive content of each wagon is given as 200 bags) at Rs. 45/-per 50 k. Gms. The fifth contract is under Ex. A-5 dated 26-12-1964. This was for the supply of one wagon (200 bags) of starch flour at Rs. 50/-per 50 K. Gms. and one wagon of liquid glucose (50 barrels) at Rs. 345/-per barrel. These contracts were entered into at Delhi and the defendant was represented by their agent.

(3.) THE relevant terms of the contract under which the parties stipulated to sell and purchase may be immediately referred to. The mode of payment was understood as cash against R. R. or documents through bank or per V. P. P. The despatch of the goods was at the buyer's risk and responsibility. The defendant stipulated that they should not be held responsible for any loss or damage or any mishappening to the goods after they leave their premises. The prices quoted were subject to revision without any notice or adjustment in accordance with the price ruling at the time of despatch and the goods were to be supplied subject to availability. Inter alia, the contract provided that all orders were booked subject to confirmation by the defendant whose representative was at delhi. The defendant also reserved the right to accept or reject any order in part or in full (Clause 3 ). We have already referred to the right vested in the seller to revise the prices in accordance with the ruling rate. This is in Clause 9. We are not referring to the other clauses as they are not quite relevant.