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1964 Supreme(Cal) 164

G.K.MITTER, H.K.BOSE
HARIDAS MUNDHRA – Appellant
Versus
INDIAN CABLE CO. LTD. – Respondent


Advocates Appeared:
B.GHOSH, Myre, SANKAR GHOSH

MITTER, J.

( 1 ) THIS is an appeal from a decree in a contested suit wherein the learned trial Judge did not allow counsel for the defendant to cross-examine the witness who came to prove the plaintiff's case. The decree, however, was sought to be maintained on diverse grounds by counsel for the respondent and hence it is necessary to examine the facts of the case and what transpired before the learned trial judge on the day when the suit was called on for hearing and decreed.

( 2 ) THE case made in the plaint is as follows: The plaintiff is a manufacturer of cables and other electrical goods. Between March, 1955 and February, 1956 it supplied goods to one F. and C. Osier (India), Ltd. , and one S. B. Trading Co. Private, Ltd. , and large sums of money became due and payable to the plaintiff from the said companies. On or about September 5, 1956 the defendant, a director of both the said companies, in consideration of the plaintiff allowing and continuing to extend to the said companies the said credit, guaranteed in his personal capacity the payment of such amounts upto Rs. 11,00,000 and Rs. 15,00,000, respectively, that might be due to the plaintiff in its accounts with the sai










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