RAMESWARLAL BAGLA Vs. BEZONJI BARJORJI NADADWALLA

JUDGEMENT

(1.) This is an appeal from a judgment and decree of Clough J. dated 14th July 1948. whereby ho dismissed the plaintiffs' suit with costs.

(2.) Three persons, viz., Radhakissen Bagla, Ramniwas Bagla and B. B. Nadodwala, carried on business under the name and style of "Bagla Minerals Company". The said Mr. Nadodwala, and one Mr. Haq carried on business in partnership under the name and style of "Behar Mining Company." They were also owners of a colliery known as East Chasnalla Colliery.

(3.) According to the plaintiffs on 12th December 1942, the Bagla Minerals Company (hereinafter called the plaintiff firm) agreed to buy and the defendants in their firm of Behar Mining Company (hereinafter called the defendant firm) agreed to sell 2,600 tons of coal on the following terms: (a) 600 tons of coal lying at East Chasnalla Colliery at Rs. 12 per ton f. o. r., Jharia; (b) 2,000 tons Golukhadih Steam Coal which had been bought from another concern of Nadadwala called the Bengal Transmarine Company at Rs. 11 per ton f. o. r., Jharia; (c) Delivery of 2,600 tons was to be given by 31st March 1943 and the goods were to be loaded in wagons provided by the East Chasnalla Colliery out of their own allotment to the extent of 60 wagons per month; (d) The plaintiff firm was to pay to the defendant firm the full value of 600 tons in advance. They were also to deposit Rs. 4,000 with the defendant firm against the value of 2,000 tons of coal as and by way of an advance.