MOHD SULTAN Vs. OSWAL WOOLEN MILLS LTD

JUDGEMENT

(1.) THIS Civil First Appeal is directed against the judgment and decree of learned District Judge, Srinagar dated 12th Oct. 2000, whereby and where -under the suit of the appellants has been dismissed. (Hereinafter appellants will be referred to as plaintiffs and respondents as defendants.)

(2.) THE facts which gave rise to the filing of the suit are briefly summarized as under:

(3.) THE plaintiffs instituted civil original suit for recovery of damages and compensation to the tune of Rs.15/ - lacs with interest at 18% w.e.f August 1994 till its realization. The plaint pleadings reveal that defendants approached the plaintiffs and requested them to supply teasels which material was required by defendants for manufacturing of woolen items. The plaintiffs in pursuance of the contract arrived at between the parties, motivated number of farmers to grow teasels in their agricultural farms. It is due to the efforts of the plaintiffs that production of teasels was started by number of farmers in the valley in the year 1988. First order was placed by defendants for supply of teasels in August 1989 and plaintiffs were asked to supply teasels of 2 inch to 4 inch @ 0.47 paisa per piece. The business activities between parties continued with increase and decrease of price of the teasels. The last supply order was issued by the defendants on 4th April 1994. The said supply order is signed by both the parties. Vide said order the defendants requested the plaintiffs to supply teasels for the year 1994 -95 of size 2 inch to 4 inch and quantity required was 10 to 15 lacs. Price was fixed at 0.60 paisa per piece (F.O.R) Srinagar. It was also agreed upon that delivery is to be made before 1st of May 2004. The said document has been placed in original on the suit file. The plaintiffs in pursuance of the said document purchased teasels from the growers and thereafter dispatched one truck load of teasels to defendants through Super Golden Transport Corporation under G.R. No.49430. The material was loaded in truck No. JK02B 4255 and the amount of Rs.6480/ - was paid by plaintiffs to the said company.