NARENDRA SONPAL Vs. JAM MANUFACTURING CO LTD

JUDGEMENT

(1.) THE suit is filed for a decree in the sum of Rs.5,52,844.87.00 together with interest on the said amount

(2.) THE first plaintiffs are a proprietory concern and are dealers in and selling agents of Gray Cloth. The plaintiffs No.2 to 22 are manufacturers of Grey Cloth on a small scale. In fact, as an agent on behalf of the others, the first plaintiff supplied 1,20,501.55 Metres of Grey Cloth of the total value of Rs.6,32,853.01 to the 1st defendant. The first defendant rejected part of the grey cloth of the value of Rs.80,008.14 and gave credit to the plaintiffs. According to the plaintiffs in the normal course, the first defendant would have issued a cheques, amounting to Rs.5,52,844.87. However, as a result of promulgamation of 1983 Ordinance, which was subsequently converted into Textile Undertakings (Taking Over the Management) Act, 1983; the amounts were not paid by the first defendant. The plaintiffs have, therefore, sued for the said sum being the value of the grey cloth.

(3.) HAVING regard to the uncontroverted averments in the plaint and in the absence of a written statement, I am of view that the suit is liable to be decreed against the defendant No.1.