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Citation: 1970 PLD 125
Court: Sindh High Court
Year: 1969
Decision Date: 1969-12-31
Parties: MESSRS FAIRLAND EXPORT SYNDICATE vs MESSRS BENGAL OIL MILLS LTD., JUDGMENT
Case cited as PLD 1970 Karachi 125
Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title:MESSRS FAIRLAND EXPORT SYNDICATE vs MESSRS BENGAL OIL MILLS LTD., JUDGMENT Reported As: PLD 1970 Karachi 125 Result: Suit decreed Judgment JUDGMENT This is a suit for the recovery of Rs. 25,266.34 as damages on account of the loss suffered by the plaintiff on account of the supply of inferior quality of oil cake by the defendant. The plaintiff is a registered partnership firm and carries on export business in oil cakes. The defendant is a limited company and produces and manufactures as well as exports oil cakes. On 15-7-61 the defendant sold to the plaintiff 3000 bags weighing 5325 mds. Not what is commercially known under its patent name `Decorticated Cotton-Seed Cake Expellers' for export to United Kingdom at the rate of Rs. 11.50 per md. Again on 24th July 1961, the defendant sold to the plaintiff a further lot of 2000 bags weighing 3550 mds. Of the same oil cakes at the rate of Rs. 1,200 md. On account of these transactions the plaintiff paid a sum of Rs. 1,09,787.50 as price of the oil cakes including bardara and empty bags. Both these transactions were entered into through brokers Messrs Shakoor Zikar & Company. The oil cakes thus purchased were exported to United Kingdom in three lots of 720, 1400 and 2080 bags respectively. The first two lots were shipped by s. s. Egidia and the third lot by s.s. Circassia. According to the plaintiff as was the practice the aforesaid decorticated cotton seed…
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