D.FALSHAW
Delhi Gate Service Private Ltd. – Appellant
Versus
Caltex (India) Ltd. – Respondent
1. These two appeals by a company, Messrs Delhi Gate. Services Private Ltd., Delhi, have arisen out of cross suits filed by the appellants and the respondents, Messrs Caltex (India) Ltd., Delhi, which were consolidated at the stage of trial, the suit in which the appellants are the plaintiffs being dismissed and that of the respondents decreed. Both these orders were upheld in first appeal.
2. The facts are that the appellant company entered into a petrol dealers agreement in the standard from with the Caltex company on the 1st of August 1952. This was followed by a second agreement called the equipment and loan agreement dated the 9th of March 1953, under which the Caltex Company agreed to supply equipment to the company at a nominal rent of Re. 1/- p.m. A third agreement was entered into also in the standard form on the 15th of September 1955, relating to the supply and sale of diesel fuel. The gist of all these agreements was that the Delhi Gate company was required to sell only such quantities of petroleum products and Hi-speed diesel oil as were supplied to them by the Caltex Company, to whom no liability was attached for any failure or refusal to make supplies, and th
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