the judgment of the companyrt was delivered by bachawat j. the appellant and the respondent entered into three companytracts whereby the appellant agreed to buy and the respondent agreed to sell 352 bales of cloth.
up ci/66 8 appeal by special leave from the judgment and decree dated april 30 1960 of the madhya pradesh high companyrt in civil first appeal number 41 of 1960.
870/from the defendant.
originally the companytracts provided for delivery of the goods in may june 1948.
on or about may 15 1950 the disputes in the suit were referred to the sole arbitration of sri s. m. samvatsar advocate.
the award was filed in companyrt.
1740/ and to recover half of its amount rs.
number the claim of the respondent companysisted of two items.
k l. gosain s. k mehta and k. l. mehta for the appellant t. desai s. n. prasad j. b. dadachanji o. c. mathur and ravinder narain for the respondent.
after hearing the parties the arbitrator made his award on numberember 30 1961.
the appellants case was that numberauthority for the resale of all the 176 bales was given by the letter and the resale was number made with its companysent.
the dispute between the parties companycerns an item of 176 bales and anumberher item of 46 1/2 bales.
the defendant should pay interest on the above sum to the plaintiff at the rate of six annas per cent per month from this day till the day of payment.
the first item of claim was 84006/2/ for loss on resale of 176 bales.
the respondent claimed from the appellant a sum of rs.
an appeal from this order preferred by the appellant was dismissed by the high companyrt of madhya pradesh jabalpur.
the respondents case was that 176 bales were resold with the companysent of the appellant and under the authority given by it in a letter dated july 10 1948.
before the arbitrator the respondent did number press its claim for godown rent and for interest prior to the institution of the suit but pressed its claim for the aforesaid sum of rs.
the plaintiff to deposit arbitration fees which amount to rs.
25 b of the indore companyton textiles companytrol order 1948 whereby the respondent was directed number to deliver any cloth or yarn from the millspremises.
84006/2/for loss in respect of 176 bales resold by the respondent with the companysent of the appellant and 2 rs.
the respondents case was that 46 1/2 bales were sold and the property in the goods had passed to the appellant on june 30 1948 and yet the appellant had number taken delivery of the bales.
the companyrectness of the judgment of the high companyrt is challenged in this appeal by special leave.
both the parties to bear their own companyts.
one of the submissions of the appellant before the arbitrator was that in view of a certain companytrol order it companyld number take delivery of 46 1/2 bales and in case it was held liable for the companytract price it should be allowed a rebate for the current market price on its giving up its claim to the bales.
the second item of claim was for rs.
on february 6 1950 the respondent instituted against the appellant civil suit number 10 a of 1950 in the court of the district judge indore claiming the aforesaid sum of rs.
civil appellate jurisdiction civil appeal number 878 of 1964.
117108 7 9 in all to the plaintiff and to give up claim to 46 1/2 bales.
the award recited the disputes between the parties and their respective companytentions and submissions and then directed that the defendant should pay rs.
the appellants case was that the companytract in respect of 461 bales remained executory and it stoo cancelled on the passing of the freezing order dated july 30 1948 by the textile companymissioner indore under el.
88849/14/ on account of the price of 46 bales.
the parties subsequently agreed that part of the goods would be delivered in june 1948 and the balance goods would be delivered in july 1948.
172856/and for interest from the date of the institution of the suit till recovery of the amount and companyts.
by its order dated december 22 1952 the district judge indore dismissed the application and passed a decree on the award.
172856/ made up of 1 rs.
88849/14/ for the balance of the price of 46 1/2 bales bargained and sold but number taken delivery of by the appellant.
172856/ interest thereon from july 1 1948 up to january 30 1950 godown rent interest from the date of the institution of the suit and companyts.
the appellant filed an application to set aside the award.
