BOMBAY HIGH COURT
R. G. Vaidyanatha, J.
Cotton Corporation of India Ltd. Bombay v. M/s. Hindustan Cotton Co. Bombay
| Table of Content |
|---|
| 1. breach of contract and initial actions. (Para 1 , 2 , 3) |
| 2. determining limitation issues. (Para 4 , 5 , 6) |
| 3. application of limitation articles. (Para 8 , 9 , 10) |
| 4. impact of time limits on lawsuit. (Para 11 , 12 , 13 , 14) |
| 5. final ruling on the matter. (Para 15 , 16 , 17) |
1. This is suit filed by the plaintiff for compensation for breach of contract. The defendant has contested the suit by filing written statement. Issue have been framed. By consent, arguments are heard on the question of limitation covered by Issue No.1. I have heard both the Counsel.
2. The plaintiff's case is that it had sold 499 bales of cotton to the defendant as per contract dated 23rd July 1973. The goods were ready for being delivered to the defendant. The defendant's agent came and approved the goods after inspection of 199 bales on 1st August 1973. As per the contract, the defendant was to make payment before lifting the goods. But in spite of request of the plaintiff, defendant did not lift the goods by paying the amount. Then plaintiff wrote a letter dated 17th December, 1973 calling upon the defendant to lift the goods and make the payment. But defendant replied by letter dated 20th D
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