BAJRANGLAL LADURAM Vs. GANESH COMMERCIAL CO LTD

JUDGEMENT

(1.) THESE are three connected appeals from an order and two decrees of Sinha J. By the said order Sinha J. dismissed two applns. to set aside awards made by the Bengal Chamber of Commerce and made two decrees in favour of the resps. in terms of the two awards.

(2.) THE parties to these three appeals entered into two contracts for the sale and put chase of certain jute materials. By contract no. 130 of 15-2-1946 the applts. agreed to sell to the resp. 3,60 000 B Twill gunny bags at Rs. 64-4 0 per hundred bags. Delivery was to be made by equal instalments in the months of July, August and September.

(3.) ON 9-3-1946, it was agreed between the parties that only 90,000 bags per month should be delivered under contract No. 131. The applts. apparently paid the resp the damages in respect of the remaining 30,000 bags per month which they could not deliver.