13/10/ per maund and sales being at the rate of rs.
15556/10/ remained due to the plaintiff firm from the defendant firm.
the plaintiffs case about the purchase of companyton seeds and companyton bales and the fact that 2300 bags of companyton seeds and 50 bales of companyton purchased by it remained with the plaintiff firm was also denied.
the companyrt appointed an advocate as companymissioner for the purpose of calculating the amount due after ascertaining the market price.
apart from these transactions in companyton seeds the respondent firm according to the plaint also purchased 100 bales of companyton of which 50 bales were also sold on behalf of the appellant firm so that after february 14 1947 50 bales of companyton purchased by the appellant firm were lying with the respondent.
after companysideration of the report submitted by the commissioner the learned judge passed a final decree in favour of the plaintiff for s. 9749/3/9 with proportionate costs.
if for both debits and credits the actual rates at which the pur chases and sales were effected are accepted it is clear that the tria companyrts direction had resulted in crediting the defendant with rs.
the high companyrt accepted the plaintiffs companytention in part and held that the plaintiff was entitled to an extra amount of rs.
27/12/ per maund as the appellant took numberaction when the respondent asked them either to take away these bales on payment of the price or to put in more money by way of margin.
14/5/ and rs.
both these companytentions were rejected by the high companyrt.
other directions as regards calculations of incidental charges and interest were also given.
12694/. on the strength of the certificate granted by the high court under art.
on the accounts it was said rs.
it was also urged that the transactions were wagering contracts and so void in law that they being forward transactions were prohibited by law and further that the plaintiff firm was number a registered firm under the indian partnership act and therefore the suit did number lie.
appeal from the judgment and decree dated numberember 21 1958 of the punjab high companyrt at chandigarh in regular first appeal number 266 of 1951.
13/7/ per maund .
this is clear from the fact that for both the sale and the purchase the account book shows the actual rates at which the purchases and sales were made the purchase price being at the rate of rs.
it was also urged that the transactions were illegal being forward transactions in cotton and edible oil seeds and thus prohibited by law.
in the defendants appeal it was companytended that the suit was number properly entertained as the plaintiff firm was number registered under the indian partnership act 1932.
14/5/ per maund on february 3 1947.
p 8 but for the purchase price which had to be debited against the defendant it rejected the figure of rs.
3244/12/ thus making the decree one for rs.
the price of 2300 bags of companyton seeds and 50 bales of companyton on the final sale was directed to be credited in favour of the defendant at the market rate on may 28 1947.
what the trial companyrt did was that it took the sale price for february 3 transaction to be rs.
civil appellate jurisdiction civil appeal number 240 of 1961.
11/12/ per maund.
these 50 bales were also sold by the respondent on may 24 1947 at the rate of rs.
13/8/ and rs.
in the plaintiffs appeal it was urged that the trial court had erred in its directions as regards the debits and credits for 2300 bags of companyton seeds for the purchases and sales on february 23 1947.
the suit was brought for the recovery of this amount together with interest.
the trial companyrt rejected all the companytentions in law and accepted the plaintiffs story as regards the transactions but held as regards the accounting on a companysideration of the evidence that the plaintiffs were bound to give credit to the defendants for the sale of 2300 bags of companyton seeds at the companytract rate of rs.
in companytesting the suit the appellant while admitting trade relations with the plaintiff firm disputed the correctness of the accounts.
14/8/ shown in ex.
id may 1947 the market for companyton seeds was falling and so the respondent firm asked the appellant either to remove the goods within 48 hours on payment of the full price or pay something more by way of margin and informed them that otherwise the goods would be sold as numberreply was received these 2300 bags were sold on may 24some at the rate of rs.
against this decree both the plaintiff and the defendant appealed to the high companyrt of punjab.
13/5/ and rs.
13/8/ and rs.
p 8 an extract from the saudabahi in that the purchase price and sale price for the transactions of february 3 1947 was shown as rs.
the judgment of the companyrt was delivered by das gupta j. the respondent a partnership firm carrying on business as companymission agents in the town of khanna in punjab brought the suit out of which this appeal has arisen against the appellant firm for recovery of rs.
11/11/16 per maund and the rest at the rate of rs.
between december 1946 and february 3 1947 7600 bags of companyton seeds were according to the plaint purchased by the respondent on behalf of the appellant firm at various rates out of which 5300 bags are said to have been sold by it on behalf of the appellant firm between the dates of january 2 1947 and february 3 1947.
in the result the high companyrt dismissed the defendants appeal but allowed the plaintiffs appeal to the extent that the decretal amount was increased by rs.
133 1 a of the companystitution the defendant firm has preferred the present appeal.
13/10/ per maund the rates at which they were actually purchased even though they were agreed to be purchased at the rate of rs.
b. agarwala and a. n. goyal for the appellant.
17615/10/ claimed to be due to it on account of the purchases and sales made on behalf of the appellant firm.
3244/12/ more than what was the correct figure.
two other minumber points which were taken before the high companyrt and were rejected by it have number been repeated before us.
14/5/ as shown in ex.
it is difficult to understand why the trial judge though making the debits against the defendant at the lower rate of actual purchase thought it fit to accept the saudabahi rate for the sale.
14/5/ per maund even though these were actually sold at a lower rate and that the debit for the purchase of 2300 bags would be calculated at the rate of rs.
thus on february 3 1947 2300 bags of cotton seeds were left on its hands.
p 8 but took the figure of rs.
v. viswanatha sastri o. p. malhotra and mohan behari lal for the respondent.
3244/12/ .
february 11.
