This is an appeal from the Judgment and decree of the High Court of Judicature at Bombay, dated the 24th November, 1943, dismissing the appellant’s appeal from the judgment and decree dated the 16th December, 1942, of Mr. Justice Chagla exercising original civil jurisdiction of the High Court.

In the suit out of which this appeal arises the appellant, who was plaintiff, claimed against the first respondent, The Alembic Chemical Works Company, Limited, (hereinafter referred to as “the Company”) Rs. 9,00,000 damages for breach of an agreement of the 7th December, 1907, to employ the firm of Kotibhasker Amin and Company, of which the appellant claimed to be a member, as managing agents of the company.

The claim arises in this way. The Company was formed in the year 1907 and under clause 6 of the Memorandum of Association it was provided that the members who then constituted or who might thereafter constitute the firm of Messrs. Kotibhasker Amin and Company were thereby appointed secretaries, treasurers and agents of the company upon the terms contained in the agreement annexed to the Articles of Association, and it was expressly provided that in consideration of the