Judgement

Appeal (No. 73 of 1946) from a judgment and decree of the High Court (November 24, 1943) affirming a judgment and decree of that court in its original civil jurisdiction (December 16, 1942).

The following facts are taken from the judgment of the Judicial Committee. In the suit out of which this appeal arose the appellant, who was plaintiff, claimed against the first respondent, The Alembic Chemical Works Co., Ld. (hereinafter referred to as " the company") Rs. 9,00,000 damages for breach of an agreement of December 7, 1907, to employ the firm of Kotibhasker, Amin and Company, of which the appellant claimed to be a member, as managing agents of the company. The claim arose in this way. The company was formed in the year 1907, and under

cl. 6 of the Memorandum of Association it was provided that the members who then constituted or who might thereafter constitute the firm of Messrs. Kotibhasker, Amin and Company were thereby appointed secretaries, treasurers and agents of the company on the terms contained in the agreement annexed to the Articles of Association, and it was expressly provided that in consideration of the services rendered by them in promoting the company, the