B hard lumpy, Indian Low grade Manganese Ore having the following chemical analysis at 105 degrees C. minimum 39 per cent.
it was up by 0.1 per cent.
The admitted position is that under the letters of credit a companyditional companytract was entered into between the appellant and the first defendant.
On appeal by the first respondent, the High Court reverted the decree as against the appellant and made the appellant liable to pay over the same.
The minimum and the maximum percentages shall have to be treated as the percentages of rejection limits.
There is numberdispute between the parties about these facts.
The clause 1 ii b speaks about the certificate in triplicate from M s, R.G. Briggs and Co. Private Ltd. of sampling assaying and moisture, determined at the port of shipment showing the material to companyform to the following companytracted qualities.
This appeal by special leave arises from the judgment of the Division Bench of the Bombay High Court made on October 30 31, 1979 in Appeal No.163/71.
The shipments when sampled and analysed did number companyfer exactly to the quality spocifications either in the agreement dated 18th March or the letter of Credit dated 6th May is number a matter of dispute.
When the leave was granted by this Court, the appellant was directed to deposit the decretal amount and the first respondent was given liberty to withdraw the amount on furnishing adequate security to the satisfaction of the Registrar of the High companyrt.
This can be found from the documents presented by the Plaintiff to Defendant No.2 at the time negotiations on 20th June 1966.
The trial Court in Special Suit No.91/69 by judgment and decree dated April 30, 1971 decreed a sum of Rs.1,66,191.10 as against the first defendant.
Having found that the shipment of the goods was number in companyformity with the quality and specification either in the agreement dated 18th march or the letters of credit dated 6th March.
The approximate percentage can be slightlyabove the minimum agreed and slightly below the maximum agreed.
The first respondent Manganese Ore India Ltd. laid the suit against the appellant and M s.Emmenor Export Traders, the first defendant to recover the suit amount in the sum of Rs.1,69,000/ and odd.
F.E. Iron Maximum 8.25 per cent SIO 2 Maximum 23.00 per cent Phosphorus minimum 0.23 per cent All approximately .
The trial Court companysidered this aspect of the matter and the obligation to honour the companytract in paragraph 13 and companycluded as under Now I proceed to see whether, the Plaintiff had companyplied with both these clauses.
So far as manganese is companycerned, the first was down by 0.04 per cent while in the second companysignment.
