P.B.Mukharji, J. - (1.) This is a commercial cause. The plaintiff company instituted this suit against the defendant firm for the recovery of a sum of Rs. 12,862.73 P., interests and costs.
(2.) The plaintiff's case on the plaint is as follows. On May 1, 1964 the plaintiff company placed an order, being purchase Order No. 1330, with the defendant for the sale to the plaintiff of iron joists and other articles, the particulars of which are mentioned in the order itself. The defendant agreed to sell and deliver these goods according to the terms and conditions of that purchase order. These iron joists and other articles were intended to be used in the construction of a building and/or a factory. It was also a term and condition of the agreement that the defendant should deliver the said goods within 10 days of the date of the agreement. In other words, the supply was to be completed within 10-5-1964. It is pleaded that time was of the essence of the contract. On that very same day, i.e., May 1, 1964, the plaintiff paid Rs. 40.188.46 P. in advance to the defendant towards the price of the said goods. The plaintiff further states in the plaint that the defendant failed to deliver the poods according to the contract and within the time stipulated thereunder. It is, therefore, alleged that the defendant committed breach of the contract. The further pleading of the plaintiff is that it extended the time for delivery of the goods to enable the defendant to fulfil their obligations under the contract and the last date extended for the delivery of such goods was up to August 21. 1964. With regard to the delivery and supply of these goods, the position is that the defendant from time to time delivered diverse quantities of Roods under the contract not only up to the extended time of 21-8-1964 but also up to 27-11-1964. There is a balance of 9.037 M. Tonnes of 400 x 100 m.m. joists still outstanding under the said contract The whole case of the plaintiff now is based on the fact that the defendant failed to deliver the said balance quantity of goods or any part thereof under the contract. By a letter dated 30-12-1964, the plaintiff terminated the contract. The plaintiff com-panv now claims a refund for the sum of Rs. 12.362.73 P. being the balance on the aforesaid advance payment of Rs. 40,188.46 P. after deducting Rs. 27,325. 73 P. being the price of the goods delivered by the defendant and accepted by the plaintiff. The plaintiff also by a letter dated 10-9-1965 gave notice to the defendant that unless payment of Rs. 12,862.73 P. was made by the defendant, the plaintiff would charge interest on the said sum at the rate of 6% per annum.
(3.) There are two Annexures to the plaint. Annexure A gives the details of the quantities delivered and supplied by the defendant and the particulars for the sum and also the sum of Rs. 12,862.73 P. as outstanding which is the subject of the claim for refund. Annexure B also gives the statement of accounts giving particulars of the heads of account of the said sum.;