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1988 Supreme(Cal) 160

M.K.MUKHERJEE, SUDHANSHU SEKHAR GANGULY
NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LTD – Appellant
Versus
RAM NARAYAN TEKCHAND – Respondent


Advocates Appeared:
S.N.GANGULY, S.R.BHATTACHARYA, SUBAL KR.MAITRA

SUDHANGSHU SEKHAR GANGULY, J.

( 1 ) THIS revisional application has been preferred from judgment and order dated 2-12-86 passed by Shri L. N. Ray, member, West Bengal Co-operative Tribunal in Appeal No. 69 of 1985 arising out of dispute case No. 1 CZ of 1983-84/5 Cal of 1983-84.

( 2 ) ADMITTEDLY the plaintiff-respondent-opposite party M/s Ram Narayan tekchand placed an order for 1500 bags of Mustard seeds at the rate of rs. 225/-per quintal with the present defeadant-appellant-petitioner National agricultural Co-operative Marketing Federation of India Limited a Co-operative society registered in the State of Maharashtra under the Bombay Cooperative societies Act, 1925 and having its branch office at No. 20, British india Street, Calcutta, The opposite party deposited Rs. 10,000/- as advance. Subsequently, the price was reduced to Rs. 220/- per quintal in January, 1976. The opposite party took delivery of 710 bsgs and made payment on various occasions which together amounted to Rs. 1,32,000/ -. It is not disputed that the opposite party did not make arrangement for taking delivery of the remaining bags on payment of the price thereof. As such an amount of Rs. 11,124. 63 which rema





















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