( 1 ) THIS is an appeal from an order of Sinha, J. , dated the 19th May, 1960, making a, Rule issued under Article 226 of the Constitution absolute.

( 2 ) THE respondent Calcutta Cycle Syndicate is a registered partnership firm carrying on business at No. 3, Bentinck Street Calcutta as dealers in cycles and parts and accessories of cycles including auto cycles. Between 20th December, 1956 and 31st December, 1956, the respondent entered into a contract with Rajdhani Motors carrying on business at Kashmere Gate, Delhi, for purchase of about 60,000 pieces of auto cycle chains measuring 1/2" x 3/16" x 104 links of Japanese manufacture at the rate of Rs. 24/- per dozen. Under the terms of the said contract which was entered into by correspondence, the respondent agreed to pay the amount of the bank drafts on Rajdhani Motors and to look after the formalities regarding the clearance of the consignment from the customs at the Calcutta Port and also to pay the customs duty and clearing charges on behalf of Rajdhani Motors. It was further provided, under the said contract that all the documents would be sent to Rajdhani Motors after the clearance of the consignment with a state