INDIAN POTTERY WORKS Vs. DOMINION OF INDIA
HIGH COURT OF CALCUTTA
INDIAN POTTERY WORKS
DOMINION OF INDIA
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(1.) THE plaintiff instituted this suit for the recovery of Rs 2,04,844-6-0 and further interest. The plaintiff's claim is for Rs. 78,125-0-0 for the price of 5 lakh pieces of Blanco cakes, a sum of Rs. 5859-6-0 being extra charges for packing the Blanco cakes weighing 125000 Ibs. @ -/-/9 per Ib. and a further claim for Rs. 98,280/- on account of godown rent from September 1, 1945 to November 30, 1947 @ 1 per cent. per week and a further sum of Rs. 32,580/- on account of interest @ 12 per cent, per annum from 1-9-45 to 30-11-47. It should be stated at the outset that the plaintiff pressed the claim only for Rs. 78,125/- at the trial and for no other sum and the plaintiff abandoned its claim for the rest.
(2.) THE plaintiff entered into a contract with the Governor General in Council on November 24, 1944. The contract was for 5 lakh pieces of Blanco water-proof olive green cakes. The contract is contained in several documents to which I shall refer herein after.
(3.) IN the plaint it is pleaded that the acceptance of tender was on November 30, 1944. On December 6, 1944 the Office of the Controller of Supplies informed the plaintiff that the samples submitted by the plaintiff were not firm and that the shade was not correct. The plaintiff was asked to submit a fresh sample. On December 13, 1944 the Office of the Controller of Supplies informed the plaintiff that the sample referred to in the letter dated December 6, 1944 had been approved and that the plaintiff might proceed with the bulk manufacture of goods and that the dimension of the cakes should be as laid down in specification IM/2353 (c ). The plaintiff alleged in the plaint that the terms of the contract were varied by letter dated 12 December 1944 and the alleged variation was in respect of the shade of Blanco cakes. In paragraph 7 of the plaint it is alleged that the materials necessary for the manufacture of Blanco cakes were controlled articles land the said materials were released by the Government and received by the plaintiff by the end of February 1945 and the other materials were received by the plaintiff in March and April, 1945.;
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