M.L. PENDSE, J.:---Both these appeals are directed against judgment and decree dated April 17, 1989 passed by learned Single Judge in Suit No. 807 of 1986. By the impugned judgment the learned Judge decreed the suit and dismissed the counter-claim filed by defendant No. 1. The facts giving rise to institution of the suit are as follows.

2. The plaintiffs (Jai Hind Oil Mills Co.) are a partnership firm registered under the provisions of Indian Partnership Act, 1932 and carry on business of dealing in the manufacture of various types of edible oils and are also engaged in the business of importing and exporting diverse goods into and from India. On August 3, 1985 the plaintiffs agreed to purchase diverse quantities of Turkish Chick Peas 1985 crop from defendant No. 4 (Interocean Reefers A.G., a firm incorporated under the laws in force in Switzerland) under the terms and conditions which are incorporated in Confirmation Notes issued by Tri Une, Produce, Brokers of defendant No. 4. The first consignment note is in respect of purchase of 1500 Metric Tons of Turkish Chick Peas size 29/30, while the second is for 300 Metric Tons of size 31 UP and the third for 1000 Metric Tons of