UNION OF INDIA Vs. KUPPUSWAMY NAICKER

JUDGEMENT

(1.) This is an appeal arising out of a judgment delivered by Ghose, J. on the 11th June 1970 revoking leave under Clause 12 of the Letters Patent. The Union of India instituted the suit on the 2nd Jan. 1969 being Suit No. 39 of 1969 against the defendant M/s. M. Kuppus-wamy Naicker, who carries on business at Madras inter alia, for a decree for Rs. 2,14,259.38P. or in the alternative accounts be taken of the transactions had by and between the defendant and the plaintiff and decree be passed under Order 20 Rule 16 of the Civil P. C. or in such form as the Court may think proper.

(2.) The basis of the plaintiff's claim is that the defendant was employed as the plaintiff's agent to handle the import of 3338.680 long tons of steel materials which the plaintiff had imported through the Iron & Steel Controller, Calcutta un der the U. S. Development Loan Fund Scheme at Madras.

(3.) In terms of the contract the defendant was to clear the goods at the Tort of Madras, pay or incur all necessary expenses in connection with the clearing of the said goods and despatch the game to the various consignees or parties whom the Iron & Steel Controller had named. The defendant was to get a commission as per agreement between the parties on the actual tonnage of goods which the defendant had handled as such agent.