MERCHANT AND CO Vs. PURA GOLAKDIH COAL CO
LAWS(PAT)-1960-2-15
HIGH COURT OF PATNA
Decided on February 24,1960

MERCHANT Appellant
VERSUS
PURA GOLAKDIH COAL CO. Respondents


Referred Judgements :-

THOMAS GABRIEL AND SONS V. CHURCHILL AND SIM [REFERRED TO]
RUSHOLME AND BOLTON AND ROBERTS HADFIELD,LTD. V. S.G. READ AND CO. (LONDON) LTD. [REFERRED TO]


JUDGEMENT

- (1.)In the suit out of which this appeal arises the plaintiff alleged that in pursuance of an order placed by the defendants the plaintiff despatched four wagons of soft coke from Pura Golakdih Colliery between the 3rd June, 1950 and the 7th June, 1950. The defendants had already obtained the sanction under the Colliery Control Order for the supply of coal to Janaklal Choudhury and the Secretary of the Jalpaiguri Multi-purpose Co-operative Society. The plaintiff made the supply of coal in pursuance of two contracts, Exs. 2 and 2 (a), entered into by the defendants. The orders of sanction are Exs. 3 and 3 (a) and they are signed by the Deputy Coal Commissioner. The plaintiff claimed that on account of the price of coal a sum of Rs. 461/13/9 was sent by the defendants but there still remained a sum of Rupees 1328/10/6 due from the defendant.
(2.)The defendants contested the suit, firstly on the ground that they were del credere agents and the suit for the price of the goods should have been brought against the consumers in the first place, and only in case the plaintiff failed to recover the amount from the consumers should the defendants be made liable. It was secondly contended that the consignments of coal never reached the consumers, but they were intercepted by the Sub-Divisional Officer of Malda who paid only a sum of Rs. 1100/9/- towards the price of the coal and the defendants had already remitted a sum of Rs. 461/13/9 to the plaintiff and they admitted that they were ready to pay to the plaintiff a sum of Rs. 594-14-6 after deducting their commission of Bs. 61A
(3.)The trial Court accepted the case of the plaintiff except with regard to the payment of commission and gave the plaintiff a decree for a sum of Rs. 655-14-6. The plaintiff took the matter in appeal to the lower appellate Court and contended that he was entitled to a decree for the entire claim, namely, a sum of Rs. 1740-10-0. The lower appellate Court accepted the claim of the plaintiff and gave a decree in his favour for the full amount claimed.


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