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1953 Supreme(Mad) 308

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Hoosen Kasam Dada (India), Ltd. , by Agent Sakoor Dawood – Appellant
Versus
Motilal Padampat Sugar Mills Co. , Ltd. – Respondent


Advocates:
S. Azizuddin for Appellant.
V.S. Mailerumperumal for Respondent.

Rajamannar, C.J.-

These are two appeals against the judgment of Rajagopalan, J., disposing of two applications in two suits C.S. No. 762 and C.S. No. 763 of 1948 on the Original Side of this Court. The two applications were heard together and disposed of by a common judgment. The applications were made by the common defendant in the two suits to revoke the leave granted to the plaintiff in each of the two suits under clause 12 of the Letters Patent. The defendant is a limited company engaged in the business of manufacture of sugar at its mills at Majhaulia in the Champaran district in Bihar State. The registered office of the company happens to be at Kanpur. The plaintiffs are dealers in sugar carrying on business at Madras. They placed orders with the defendant for certain bags of sugar. These orders were booked by one Perushotham Pai who is described in the concerned contracts as the sugar agent of the defendant. The contract forms relating to the suit contracts purport to be offers made by the plaintiffs for the purchase of sugar, and it is recited therein that the plaintiffs would agree to sign formal contracts on receipt of the acceptance of the offers. It is common ground that


































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