JUDGMENT

Chatterjee, J. - This suit has been instituted by the Plaintiff firm for the recovery of Rs. 35, 490-15 from the Government of India.

2. On September 16, 1943, the Director of Industries, Bengal, as the duly authorised agent of the Government of India, placed an order with the Plaintiff firm for the supply of 5,000 cane baskets at Rs. 3 per basket, to be delivered at the factory of the Director at Barrackpore Trunk Boad, Baranagar.

3. Admittedly this was a war contract and was put through on behalf of the Government of India. The main argument advanced on behalf of the Defendant is that this order or contract is not binding on the Government and is not enforceable, because it was not expressed to be made in the name of the Governor-General. The order of September 16, is set out hereunder:

No. 6968-W/7-B(14).

Office of the Director of Industries,

Bengal, War Supplies Section,

7, Council House Street.

Calcutta, dated September 16, 1943.

M/S. S.C. Mitra and Co.,

64B, Pratapaditya Road,

P.O. Kalighat, Calcutta.

Dear Sir,

An order for 5,000 cane baskets folding strictly according to specifications, the details of which are known to you, is hereby placed with you at Rs. 3 per basket, de