- (1.) This appeal by certificate is directed against a judgment of the division bench of the Calcutta High court reversing in part a decree passed by the Single Judge of that court acting in exercise of its original jurisdiction.
(2.) The plaintiff-appellant brought a suit for recovery of Ra. 70,350'00 plus Rs. 3,851. 00 as interest from the defendant on account of the charges to be paid to the appellant as per agreement entered into between the parties which is Annx. 'a' to the plaint and by virtue of which the defendant was appointed as a controlled stockholder for iron and steel in Assam. o
(3.) We have gone through the terms of the agreement particularly clauses 6, 7 and 9 which are extracted below:- 6. Notwithstanding the rates at which the producers might have booked your order, you will pay for all supplies into your Controlled stock at such prices current at the time of delivery as will be notified by the government of India. 7. For all supplies from Controlled Stock you will charge the buyer as follows :- (I) Such prices as may be notified by the government of India 229 current at the time of delivery which shall include Stockist's remunerations at the rate sanctioned by government based on services rendered and expenses incurred by you. (Ii) Such delivery charges as may be agreed between you and the iron and Steel Controller from time to time. In all cases of delivery f. o. r. your own siding or ex. your yard, no delivery charges will be made. (Iii) Cutting and Wastage charges, if incurred at a rate to be agreed between you and the buyer. Rates of Stockists remuneration are on the basis of cash payment to you at the time of delivery. Any question of credit facilities to buyers will be a matter for settlement between you and the buyers. 9. In the event of any rise or fall in prices as laid down in 6 above, you will pay to the government or the government will pay to you the different in value on your stocks calculated on the tonnage of stock lying in your stockyard at the time of such rise or fall. Such payment will be made within 14 days from the date when the statement f accounts has been certified by the Iron and Steel Controller.;