G.K.MITTER, D.N.SINHA
MITRA MUKHERJEE AND CO – Appellant
Versus
AJIT KUMAR SARKAR – Respondent
( 1 ) THIS is an appeal from an order directing the defendants in the suit to furnish security to the extent of Rs. 6500/- for the satisfaction of the plaintiff's claim by depositing the said sum with the defendants' attorney to be held by him free from any lien and subject to further orders of this Court, in default whereof the plaintiff was to be entitled to a decree for the amount claimed in the suit.
( 2 ) THE suit is for price of goods sold and delivered, the plaintiff being one Ajit Kumar Sarkar who describes himself in the plaint as the Managing Agent of a Colliery known as 'beldanga Khas colliery' of which the proprietors were some persons by the name of Tewaries. According to the plaint the supplies were made and the coals were delivered to the defendant No. 1 at rates controlled by the Central Government, inter alia on the terms that the bills would be payable within 60 days from the date of presentation and the plaintiff would be entitled to charge interest at 12 per cent per annum, if the bills were not so paid. The particulars of the plaintiff's claim are given in paragraph 5 as based on four separate bills for Rs. 3,023. 12, Rs. 410-3-9, Rs. 1,757-1
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