WEST RAMKANALI COLLIERY COMPANY Vs. BIHAR STATE CO OPERATIVE MARKETING UNION

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the judgment and decree passed in Money Suit No. 13 of 1964 on 11th Aug., 1965 by the Subordinate Judge, Second Court, Dhanbad, dismissing the suit of the plaintiffs,

(2.) The West Ramkanali Colliery Company, a partnership firm duly registered under the Indian Partnership Act, was plaintiff No. 1 and plaintiffs Nos. 2, 3 and 4 were the sole partners thereof. Formerly plaintiffs Nos. 2, 3 and 4 were members of an undivided Hindu joint family but subsequently, on partition amongst themselves, they have formed into a co-partnership in the name and style of plaintiff No, 1.

(3.) According to the plaintiffs-appellants (hereafter referred to as the appellants), there was an agreement on 13th Nov., 1960 between them and the Bihar State Co-operative Marketing Union Limited, the defendant-respondent in this appeal (hereafter referred to as the respondent) by which they had agreed to sell to the respondent who had agreed to purchase from them coal on the terms contained in the agreement. Under the terms of the said agreement the appellants had despatched coal to the respondent by railway wagons the freight of which was paid by them but subsequently they were repaid by the respondent on bills submitted by them. For the value of the coal that the appellants used to send separate bills were prepared in terms of the agreement and a certain sum was kept by the respondent by way of security. In pursuance of the terms of the agreement previous dues of the appellants on account of the price of coal and the cost of transport thereof were paid by the respondent according to the weight of the coal. Subsequently, on 10th December, 1960, during the continuation of the said agreement the respondent proposed to purchase 2000 tonnes of coal from the appellants which was to be transported by ro.ad on motor trucks. According to the appellants, save and except the alteration that the transport of coal would be by road on trucks instead of transport by rail, all other terms of the agreement dated 13th Nov., 1960 remained in force and operative between the parties and the respondent by its letter dated 10th Dec., 1960 (vide Annexure 'A' to the plaint) had made the proposal which the appellants had accepted by their letter dated 13th Dec., 1960 (vide Annexure 'B'). According to the appellants, they in terms of the subsequent agreement between them supplied to the respondent 2440.5 tonnes of coal which was transported by road on motor trucks and bills for the price of the coal and the cost of transport, according to weight, were sent to the respondent. The respondent had paid the amount as claimed by the appellants for the supply of coal and the transport charges by trucks and had returned the security money also except a sum of Rupees 11,464.13 N. P. which was a part of the price of the coal supplied by them to the respondent.