SHREE DURGA INDUSTRIAL CORPN. Vs. THE MINERALS AND METALS TRADING CORPORATION OF INDIA LTD.

JUDGEMENT

(1.) This appeal arises out of a judgment and decree passed by Sri Sheo Kumar Prasad Verma passed in Money Suit 75 No. of 1977 whereby and wherein the sobered learned court dismissed the plaintiffs appellant's suit. The plaintiff -appellant filed the aforementioned suit for recovery of a sum of Rs. 12,475/ - as described in the account of claim stated in the plaint i.e. a sum of Rs. 8153.78 paise being the amount illegally retained by the defendant and a sum of Rs. 4,421.22 paise being interest calculated at the rate of 12 per cent per annum on the aforementioned sum.

(2.) As the fact of the case have been stated in details by the learned court below; it is not necessary to state the facts in details over again herein for the purpose of disposal of this appeal.

(3.) Suffice is to say that the plaintiff filed the aforementioned suit on the pleadings that as per rule and policy of the Government of India of sales and exports of Mica to the foreign buyers as per prevalent mode through the defendant. The plaintiff secured through the defendant a business of exporting Mica of various grades to Rotterdam in pursuance whereof the plaintiff made over ten cases of Mica to a shipping agent as directed by the defendant at Giridih for being exported. The plaintiff further alleged that for the aforementioned purpose it paid to the custom authorities sum of Rs. 8153.78 paise by a cheque dated 28.12.1972 for shipment of the aforementioned cases of Mica on behalf of the defendant.