- (1.)In this suit Plaintiff Nanalal Shamji carrying on business in the firm name of Ranchoredas Purushottam at 23 Malacca Street, Singapore, and also at 19 Amratolla Street, Calcutta, is suing the Defendant Purushottam Umedbhai and Company, a firm carrying on business at 55 Canning Street, Calcutta, for the recovery of a sum of Rs. 14,664 on the allegation that the Defendant failed to deliver 100 bales heavy case to the Plaintiff under the contract, dated 18th July, 1949. In other words, this is a claim for damages for non-delivery in a contract for the sale of goods. The claim for Rs. 14,664 is said to represent the damage on the basis of difference between the contract price and the market price.
(2.)There is also a claim for special damages in the plaint. The Counsel for the Plaintiff has given up such claim for special damages, and I direct that abandonment of the claim for special damage be minuted in the records of the suit.
(3.)The Plaintiff's case, briefly, is that by a contract in writing, dated 18th July, 1949, the Plaintiff and the Defendant agreed that the Defendant would sell and the Plaintiff would buy 100 bales of heavy case on the terms and conditions stated in para. 1 of the plaint. Plaintiff pleads that at all material times they were ready and willing to perform their part of the contract and in fact, opened letters of credit in favour of the Defendant It was the agreement of parties under the contract that the goods were to be shipped in July-August. 1949. According to the Plaintiff, the time of shipment was by mutual consent extended from time to time till the date on which s.s. "Chitung" sailed from the Port of Calcutta which on the evidence given before me is the 18th October, 1949. It is the allegation of the Plaintiff that the Defendant failed and neglected to ship or make delivery of the goods under the said contract. As a result, the Plaintiffs plead that by their solicitor's letter, dated the 26th November, 1949, they put an end to the contract.