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1955 Supreme(Ker) 166

JOSEPH VITHAYATHIL, T.K.JOSEPH
The Travancore Srimoolam Handloom Weavers Central Co-operative Society Ltd. – Appellant
Versus
S. Sundaram Mudaliar – Respondent


Judgment :-

1. Plaintiff is the appellant. The suit is for recovery of excess amount realised by the defendant from the plaintiff by way of freight. The plaintiff is the Travancore Sreemoolam Handloom Weavers' Central Co-operative Society Limited having its registered office in Trivandrum. The defendant was the holder of a licence for the import of yarn to Travancore. The licence was issued under the Travancore Yarn Dealers' Control Order. The allegations in the plaint are the following:- The plaintiff - Society was engaged in supplying yarn, directly and through primary co-operative Societies, to weavers in Travancore as per licence issued by the Travancore Textile Commissioner. The defendant was an importer of yarn and obtained licence for the purpose. Both the plaintiff and the defendant were bound to obey the orders issued by the Textile Commissioner under the provisions of the Yarn Dealers' Control Order. As per permits issued by the Textile Commissioner, the plaintiff purchased 710 bales of yarn from the defendant during the period between 18.1.1121 and 6.12.1121. Since the plaintiff was bound to purchase yarn from the defendant before the expiry of ten days from the date of















































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