KISHINCHAND CHELLARAM Vs. VISHANDAS AMARNATH

JUDGEMENT

(1.) BY a contract dated December 30, 1946. the plaintiffs agreed to sell to the defendants 15 bales of raw silk steam filature yarn E Grade Pounds 20/22 at Rs. 37-8-0 per pound. BY the said contract it is provided that "goods shipped per S. S. 'monroe' will be delivered on safe arrival after clearing from the Customs House. " Mr. K. T. Desai, the learned Counsel appearing for the plaintiffs, has relied on Clauses 3, 7 and 9 of the terms printed at the back of the contract; whereas Mr. Somjee, the learned Counsel for the defendants, has relied on Clauses 21 and 22.

(2.) ON February 6, 1947, the plaintiffs delivered the 15 bales to the defendants. The 15 bales did not bear any tickets. ON February 7, 1497, the defendants wrote to the plaintiffs that the 15 bales were without any tickets, that they had sold the 15 bales to other parties and that Messrs. Bhojaji Sobhagchand who had purchased 10 bales from the defendants out of the said 15 bales had served the defendants with a telegraphic notice that the bales in question were without tickets and that they therefore refused to take delivery and that the other two parties to whom the defendants had sold the remaining five bales were also refusing to take delivery thereof. The defendants further wrote that in the light of what was stated above, the defendants were compelled to ask the plaintiffs to take back the 15 bales and that the bales were lying with the defendants on the plaintiffs' account. By their letter dated February 7, 1947, the plaintiffs replied as follows: We are surprised to note your asking us to take back the bundles on which you allege that the tickets are not affixed. We regret we are in no way responsible now as the goods have been taken over by you and delivered by us as per the terms of the contract, in which there is no stipulation whatsoever that all the bundles should have tickets affixed thereto. Please settle our bill immediately and oblige. These two letters crystallise the dispute which arose between the parties. Thereafter considerable correspondence passed between them. It is not necessary, in my opinion, to refer to that correspondence at length.

(3.) BY paragraph 15 of the plaint the plaintiffs in the alternative claim to recover the sum of Rs. 21,649-14-6 as damages. The sum of Rs. 21,649-14-6 is made up of the sum of Rs. 20,870-3-6 with interest calculated thereon at the rate of 9 per cent.