Document Fragment View

Matching Fragments

The plaintiff is a Registered Partnership firm carrying on business at Nipani, District Belgaum. Defendant No.1 is the father of defendants 2 to 4. They also carry on a partnership business under the name and style of Haji Mohammed Ishaq Mohammed Gulam Saheb. They manufacture Bidi in their factory known as the Modern Bidi Factory and have their Head Office in Katni in the State of Madhya Pradesh. The case of the plaintiff in the plaint was a simple one. It despatched by Railway 630 bags of tobacco between the 11th and 21st January, 1952 from Nipani to Katni. The consignor in all the Railway Receipts except one was one Shri G. K. Manavi and in one. Railway Receipt of 129 bags the consignor was the plaintiff firm. The consignees were self. The Railway Receipts were endorsed to the defendants'. firm by the consignors. Shri Babalal, one of the partners of the plaintiff firm, went personally to Katni, with the Bijak No. 12 dated 12-11952 and handed over two Railway Receipts and the, Bijak for the total amount of Rs. 1,21,154.12.9 to the defendants. The other Railway Receipts were sent by the plaintiff to the defendants by Registered post. The goods were accepted by the defendants. On demands being made from them from time to time for payment of the price, the defendants paid Rs. 20,000/- by four cheques of Rs. 5,000/- each. Later they gave ten more cheques of Rs. 49,000/-, out of which, five cheques of the amount of Rs. 25,000/- were honoured but the rest of the cheques for Rs. 24,000/- were dishonored. Small sums were paid by the defendants in cash. The balance of the price which remained due from them was Rs. 75,477.12.9. Adding interest to the said amount, the total amount came to Rs. 90,102.12.9. The claim in the suit was for the round figure of Rs. 90,000/- remitting Rs. 102-12.9. In paragraph 5 of the plaint, however, it was mentioned :