MESSRS JAMAL JUTE BALING & Co., DACCA vs MESSRS M. SARKIES & SONS, — 1971 PLD 784

Citation: 1971 PLD 784

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS JAMAL JUTE BALING & Co., DACCA vs MESSRS M. SARKIES & SONS, JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 784

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan Title:MESSRS JAMAL JUTE BALING & Co., DACCA vs MESSRS M. SARKIES & SONS, JUDGMENT Reported As: PLD 1971 Supreme Court 784 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.--This appeal by special leave is directed against the judgment of the High Court of East Pakistan, Dacca, in F. M. A. No, 90 of 1964, dated the 14th December 1965. By this judgment, a Division Bench of the Dacca High Court dismissed the appeal filed by the appellant. The appellant-company entered into a contract with the respondent-firm for supply of 1500 bales of jute of three different grades, namely, 500 B/S Export Heart at the rate of Rs, 225 per bale, 500 B/S Export lightning at Rs, 235 per bale, and 500 B/S Export First at Rs, 245 per bale, through M/s. Eagle Star Trading Corporation in the standard form of Pakistan Jute Association Pucca Bale Contract No, 6. It was agreed between the parties that the jute of three different varieties would be delivered to the respondent in the months of October, November and December 1960. In December 1960, the appellant-company supplied only 125 Bales of jute in respect of the above contract. The respondent demanded delivery of the remaining bales of jute but the appellant failed to do so. Thereupon, the respondent cancelled the contract and claimed the difference between the market rate and the contract rate and claimed Rs, 2,06,250 vide Bill,…

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