Soumen Sen, J. - (1.) This is an application for attachment before judgment. The plaintiff has filed a suit for recovery of USD 58208.61 as the defendants have failed to supply the equipments.
(2.) It appears that in terms of the contract entered into between the plaintiff and the defendants, the defendants have supplied some of the equipments but have failed to supply equipments worth USD 58208.61. The fact that the said defendants have failed to supply the said equipments to the plaintiff is not in dispute.
(3.) Mr. Sarathi Dasgupta the learned counsel for the said defendants submits that the said supply could not be effected as the manufacturer of the said equipments was unable to supply the said equipments to the defendants and in turn the defendants could not supply the said equipments to the plaintiff. The defendants were acting as the commission agent and/or broker.;