BLANDEN COLE AND CO LTD Vs. NEW GUNA SHENOY COMPANY
LAWS(KER)-1962-11-34
HIGH COURT OF KERALA
Decided on November 06,1962

BLANDEN COLE AND CO. LTD. Appellant
VERSUS
NEW GUNA SHENOY COMPANY Respondents

JUDGEMENT

- (1.) The defendant is the appellant. The suit was for recovery of money alleged to be due to the plaintiff on account of goods purchased by the defendant Company. The plaintiff is a hardware merchant in Ernakulam. The defendant company is running the business of sanitary engineers and contractors. The defendant, from 11th Thulam 1128 to 21st Karkkitakam of that year purchased hardware and other goods from the plaintiff on credit. As per the plaintiff's account, a sum of Rs. 4,445-14-3 was due to the plaintiff from the defendant, and the plaintiff, after issuing notice to the defendant, instituted the suit for recovery of the above sum with interest.
(2.) The contention of the defendant was that the goods covered by three bills i.e. Bill Nos. 3287, 3301 and 3398 were not purchased by the defendant, that it issued no orders for the goods covered by these bills and that the goods were never delivered to the company. The defendant admitted that the invariable practice of the company was to order for the goods in the name of Mr. Ledlie who was its representative at Koratty, that it was usual for him to issue the orders and take delivery of the goods covered by the orders and that the delivery of the chalans used to be signed by the employees of the company. The defendant's further contention was that the delivery receipt in respect of these three bills were signed only by one Varghese who was not an employee of the defendant but only a servant of Mr. Ledlie, and that a few days before the dates of these bills Ledlie had taken a loan of Rs. 2,650/- from the plaintiff and that the bills and the delivery receipts were created by the plaintiff in collusion with Ledlie and Varghese, as the plaintiff wanted to make good the amount loaned to Ledlie, who went away without paying the same.
(3.) The plaintiff had also instituted another suit against Messrs R. A. Cole Ltd., who is the Managing Agent of the defendant company in this case, as O. S. No. 224 of 1956 for a sum of Rs. 1,527-11-6 out of which the defendant company has taken up the liability for Rs. 1,114-8-6 and deposited that amount to the credit of that suit. The entire amount as per the bills except those covered by the three bills mentioned above were deposited by the defendant.;


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