SREE MINAKSHI MILLS LTD THROUGH ITS MANAGING AGENTS K R M T T T THIAGARAJA CHETTY AND CO REPRESENTED BY KARUMUTHU THIAGARAJA CHETTIAR Vs. CALLIANJEE AND SONS

JUDGEMENT

(1.) This case raises two points one of which is of some interest. The facts are not in dispute. It is unfortunate that the respondent who is the respondent to the appeal that raises the only question of any difficulty is not represented so that we have not had the advantage of an argument in support of the position he would presumably have maintained.

(2.) The plaintiffs are a limited Company. The defendants are (1) a firm and (2) The Indian Bank, Ltd.

(3.) The firms were at all material times acting as Managing agents of the plaintiff Company pursuant to an agreement. The terms of that agreement are scheduled to the Articles of Association and Art. 132, provides inter alia that the firm" shall be and are hereby appointed the agents of the Company for the period and upon the terms provisions and conditions set out in the (scheduled) agreement and the Board is hereby authorised to execute the said agreement on, behalf of the Company."