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1990 Supreme(Online)(Ker) 22

KERALA HIGH COURT
M. M. Pareed Pillay, J.
Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. v. Andavar And Co.


1Defendant is the appellant. Plaintiff entered into an agreement (Ext. B1) with the defendant for supply of 15000 tons of eucalyptus hybrid from Arimalam Plantations of Pudukottai and 3000 tons of eucalyptus grandis from Cinchona Plantations 1, 2 and 3 of Coimbatore South Division and Kambamettu of Madurai South Division. Materials were to be supplied to the depot of the defendant at Pollachi. The plantations from which the plaintiff agreed to supply the firewood belonged to Tamil Nadu Forest Plantation Corporation and it was leased to the plaintiff.

2 Ext. B1 agreement provides that eucalyptus hybrid and grandis with a girth of 12"x24" and with a length of 1 to 2 metres have to be supplied to the defendant. Rupees 15,000/- was deposited by the plaintiff as security towards the performance of the contract. Though some quantities of firewood were supplied, plaintiff wrote Ext. B2 letter to the defendant on 27-3-1976 stating that due to difficulties in arranging lorries and labour he found it difficult to supply the specified firewood. Plaintiff informed the defendant that he should make his own arrangements to get the timber.

3 The gist of the plaintiffs case is that at the time of co















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