( 1 ) I have before me two motions relating to the final report made by an Advocate of this Court as Special Referee. An application for confirmation of the report has been made by the plaintiff Jaiswal Coal Company. Another application has been made by the defendant Fatehganj Co-operative Marketing Society Limited for setting aside the report or declaring the report as null and void.

( 2 ) THE applications have been made under the facts and circumstances as hereunder.

( 3 ) JAISWAL Coal Company (I shall shortly call 'the firm') is a partnership firm, duly registered under the Indian Partnership Act, 1932. The firm carries on business at Gandhi House at No. 16, Ganesh Chandra Avenue, Calcutta.

( 4 ) FATEHGANJ Co-operative Marketing Society Limited (I shall shortly call 'the society') is a co-operative society with limited liability within the meaning of Uttar Pradesh Co-operative Societies Act, 1965 having its registered office and carrying on business at Fatehganj Galamandir, Lal Bag, Faizabad in the State of Uttar Pradesh.

( 5 ) ON September 12, 1964, by an agreement in writing between the firm and the society, the firm agreed to supply coal to the society an