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1969 Supreme(Mad) 485

S.GANESAN
Wheels India Limited having its Registered office at 37, Mount Road, Madras-6 – Appellant
Versus
Khemchand Rajkumar, a firm carrying on business in Madras, at Happy Building, No. 32/33, Sembudoss Street, Madras-1 – Respondent


Advocates:
A.R. Ramanathan, for plaintiff.
R. Subramanian and M/s. King and Partridge, for defendant.

JUDGMENT.-

Suit for recovery of a sum of Rs. 2,07,168.95 against the defendants jointly or severally together with interest at 6 per cent. per annum from the date of plaint till date of recovery.

The material facts which have led to the institution of the suit may be briefly summarised. The plaintiff, Wheels India Limited is a Company Incorporated under the Indian Companies Act. The first defendant Messrs. K. Rajkumar is a firm carrying on business at Madras with Headquarters at Bombay. The second defendant M/s. National Steel Corporation is a firm carrying on business in Pittsburgh, Pennyslvania, United States of America. After some negotiations with the first defendant firm, which is the Indian representative of the second defendant firm of the United States the plaintiffs forwarded to the second defendant through the first defendant a purchase order Exhibit P-5 for supply of 2447 tons of steel plates the goods to be shipped by sea (60 per cent. by U.S. Vessels and 40 per cent. by Indian Vessels) to Madras at the rate of $162.80 C. & F. Madras per long ton, earliest delivery preferred by first week of March, 1964. The order was placed against the plaintiff’s import licence which w


























































































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