A.N.Ray, J. - (1.) This suit has been instituted by the plaintiff against the State of West Bengal for recovery of Rs. 31,450/- with interest in respect of price of Bone Meal sold and delivered between the 21st June and the 3rd July, 1947 to the Government of Bengal, as it was then constituted. The plaintiff's case is that by letter dated 7-6-1947, the Fertiliser Controller, Government of Bengal requested the plaintiff to supply to him 800 tons of Bone Meal at the plaintiff's Mill or Godown at the rate of Rs. 115/-per ton or such other rate as the Government of India might finally decide. Between 21-7-1947 and 3-7-1947 the plaintiff, in pursuance of the aforesaid request, supplied to the Government of Bengal, as it was then constituted 185 tons of Bone Meal.
(2.) The price of the Bone Meal was ultimately fixed by the authorities at Rs. 170/- per ton and the State of Bengal in the Directorate of Agriculture, paid to other suppliers of similar Bone Meals at the rate of Rs. 170/- per ton. In any event, the plaintiff claims Rs. 170/- per ton, as reasonable price.
(3.) The plaintiff's further case is that the plaintiff submitted bills in the year 1947. Since 1947 the Application Committee for Investigation into claims against the former Government of Bengal, has been considering the plaintiff's claim in respect of the said supply but has not passed the plaintiffs claim for payment.;