AKSHOY KUMAR NANDI Vs. SCDASS AND CO

JUDGEMENT

(1.) This is an application to set aside an award which was filed on 12 May 1933. The application is made by a firm named S.C. Dass & Co., who were the defendants in the suit (being Suit No. 421 of 1932) out of which the matter arises. That suit was instituted by the plaintiff Akshoy Kumar Nandi on 27 February 1932 to recover from the defendant firm the sum of Rs. 9969-9-0 being monies alleged to have been lent to the defendant firm on 27th February 1929 and 10 June 1929.

(2.) The present applicants as the defendants in that suit by their defence denied that sum was due to the plaintiff, and to their written statement they annexed statements of account which purported to show that after giving credit for the sums of Rs. 2951-7-0 and Rs. 5000 which were sums alleged to have been advanced by way of principal, a sum of Rs. 21,016-4-0 was still due by the plaintiff to the defendant firm in respect of certain dealings and transactions between them and the plaintiff. The defendant firm in their written statement claimed that an account should be taken of those dealings and transactions including the amounts paid by the plaintiff to the defendant firm and that a decree should be made awarding to the defendant firm such sums as might be found due to them on the taking of the account.

(3.) In answer to the defendant's written statement which in effect was a counter-claim the plaintiff filed a written statement denying that any sum of money had been advanced to him by the defendant firm, but at the same time admitting that he had paid to the defendant the sum of Rs. 14,426-15-0 which sum however with the exception of Rs. 345 which had been paid to the defendant firm for the price of a Remington Typewriter supplied by them to the plaintiff was stated to represent the sums of money advanced by the plaintiff to the defendant firm from time to time. The plaintiff further said that some of these loans had been repaid by the defendant with interest leaving outstanding the sums of Rs. 2,951-7-0 and Rs. 5,000. The plaintiff further stated in his written statement that the statements of account put forward by the defendant, and the particulars set out therein were not correct. That the alleged payments on the debit side of the statement between the 10 May and 14th. July 1932 represented monies paid by the defendant firm for the purchase of various goods from Messrs. Birkmyre Bros., in the benami of the plaintiff for facilitating transactions between the partners and that those sums had been paid into the plaintiff's account in the Allahabad Bank by the defendant firm and again drawn out by payments to Messrs. Birkmyre Bros. The plaintiff further stated that the sum of Rs. 3,391-8-0 under date 2 April, 1928 represented the sale proceeds less commission of 200 shares in the Calcutta Industrial Bank belonging to the plaintiff and made over to the defendant firm for collection of dividend on the same.