T.K.Basu, J. - (1.) This is an action by the plaintiff Bengal Corporation Private Ltd. for the recovery of a sum of Rs. 11,399.81 P. as the balance of the price of goods sold and delivered.
(2.) According to the plaintiff it is the sole agent in India of Teikoku Sangyo Co. Ltd.. Osaka, Japan who are manufacturers of wire ropes. On the 10th November 1962 the defendant, Commissioners for the Port of Calcutta, issued invitation for tenders in respect of the supply of wire ropes of various specifications mentioned therein. Pursuant to the invitation for tender, the plaintiff offered to supply to the defendant wire ropes of the required specifications manufactured by its Japanese principals. The salient terms of the offer of the plaintiff were, inter alia, the following: (a) The plaintiff would supply with each consignment a manufacturer's Test Certificate and also a Lloyd's Certificate, (b) The goods would conform to B.S.S. 302/621 of 1957, (c) The defendant at its own costs would be entitled to have an independent inspection of the goods, (d) The defendant would have the goods inspected prior to their shipment.
(3.) The offer of the plaintiff was accepted by the defendant. Commissioners for the Port of Calcutta and the relevant orders were issued containing the terms and conditions which have been set out above.;