The High Court, by its judgment dated September 20, 1961, dismissed both the appeals.
The plaintiff therefore instituted O.S. No.
In respect of the dealings of the two firms at Surat here.
Murugesa Chettiar, one of the partners of ,Krishna Co. took over all the assets and liabilities of the firm on dissolution and the other partner Gopal Chettiar retired from the firm.
177 and 178 of 1964.
It is the case of the plaintiff that on April 1, 1951 the Surat firm companystituted Murugesa Chettiar as the sole agent for selling their goods bearing the trade mark Napoleon Vivekanada and other marks for the three districts for a period of 5 years from April 1, 1951 agreeing to pay companymission at a flat rate of Rs.
Appeals by special leave from the judgment and decree dated December 20, 1960, of the Madras High Court in Appeals Nos.
a sum of Rs.
7.500/ the amount ascertained as due and payable by Krishna Co. in respect of the dealings of that firm with the Surat firm on a settlement of account.
The case of the plaintiff was that the Surat firm circumvented the terms of this companytract of sole agency and privately effected sales through others or direct to customers in those territories.
On December 12, 1956 the Subordinate Judge held that the plaintiff was companystituted as the sole agent on companymission basis for the three territories, Tanjore, Tiruchirappalli and Madurai for a period of 5 years as pleaded and proved by him and the Surat firm was liable to render an account of their sales in those territories from April 1, 1951 and accordingly granted a preliminary decree for rendition of accounts.
In O.S. number 21 of 1954 the Subordinate Judge granted a decree for the amount companyered by the promissory numbere but directed that the decretal amount should be adjusted out of the companymission that may be found due and payable on taking of accounts in O.S. number 35 of 1955.
V. Gupte, Solicitor General, B. Datta, J. B. Dadachanji, for the appellants.
T. Desai and R. Gopalakrishnan, for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
They also preferred an appeal against, the decree in O.S. 35 of 1955 to the District Court of Chingleput and that appeal was transferred to the High Court and heard along with A.S. number 45 of 1957.
7.500/By an order of the District Court, Chingleput O.S. number 87 of 1954 on the file of District Munsif, Kancheepuram was transferred to the file of the Subordinate Judge, Chingleput and taken on his file as O.S. number 35 of 1955.
The two partners of Krishna Co. were Murugesa Chettiar and his wifes sisters husband Gopal Chettiar.
Both the suits were tried together by company sent of parties.
The, Judgment of The Court was delivered by Ramaswami, J. These appeals are brought, by special leave, from the judgment and decree of the, Madras High Court dated september 20, 1961 in A.S. Nos.
It appears that Krishna Co. was acting as companymission agents on behalf of the two firms at Surat from 1944 till 1951 when the partnership of Krishna Co. became dissolved by mutual agreement between the partners.
2/ per mark for all sales effected in those territories either on orders booked, by him or number.
45 and 202 of 1957.
On April 1, 1951 Murugesa Chettiar hereinafter referred to as the plaintiff executed a pro.
The Surat firm preferred an appeal against the decree in O.S. number 21 of 1954A.S. number 45 of 1957.
They had dealings with another firm at Kumbakonam Krishna and Company who acted as their agents for selling their goods in the three districts of Tanjore, Tiruchirapalli and Mathurai in the State of Madras on companymission basis.
The plaintiffs companytention further was that the Surat fim as part of this agreement of sole agency agreed to have its indebtedness under the promissory numbere adjusted towards the companymission that may be earned by him.
45 and 202 of 1957.
Narandas Morardas Gaziwala and Lakshmi Chand Co. were two firms of partnership carrying on business in lace and silver thread at Surat in the State of Bombay.
87 of 1954 in the District Munsifs Court, Kancheepuram praying for rendition of accounts from April 1, 1951 till the date of the suit in order to ascertain the amount due and payable to him.
missory numbere in favour of Narandas Morardas Gaziwala for a sum of Rs.
The Surat LS5SCI 5 firm in its turn instituted O.S. number 21 of 1954 in the companyrt of Subordinate Judge, Chingleput against the plaintiff seeking to recover the amount due under the promissory numbere.
inafter to be referred to as the Surat Firm with Krishna Co., the latter became indebted in 1951.
