SIND BISCUITS MANUFACTURING COMPANY Vs. DELIGHT ENGINEERING WORKS

JUDGEMENT

(1.) THIS is plaintiff's appeal.

(2.) THE plaintiff is a registered partnership firm engaged in the business of manufacture and sale of biscuits in Kanpur under the name and style of M/s. Sind Biscuits Manufacturing Company. THE defendant no. 2 was the sole proprietor of the business run in Moradabad in the name of the Delight Engineering Works. THE defendant no. 3 is his father. Later with effect from April 11, 1966 the defendant no. 2 has constituted a partnership firm the other partners being his mother and the father's sister.

(3.) DESPITE being repeatedly asked for the defendants did not rectify these defects. The suit giving rise to the appeal was instituted by the plaintiff with these allegations on September 26,1967 claiming a sum of Rs. 22490.82 as damages. The break up for this amount as specified in the plaint is as under :- (a) Business loss of profit Rs. 720275/- at the rate of 1275/- per day from 21-3-1966 to 26-9-1967 (565 days). However the plaintiff claims only Rs. 12256.82 Ps. The rest of the claim is given up. Net claim Rs. 12256.82 (b) Loss of interest at Rs. 1% on the capital investment of One Lac-fifty thousand rupees from 21-3-66 to 26-9-67 Rs. 27500/-. However, the plaintiff claims only Rs. 9000/-. The rest of the claim is given up. Net claim. ...Rs. 9000.00 (c) Consumption of oil and wastage of biscuits and repairs upto 9-9-67 Rs. 1700.18 Rs. 2295700