Foreign Capital

Topics: Defendant, Pleading, Plaintiff Pages: 4 (1663 words) Published: August 25, 2013
Mewar Textiles Mills Ltd. Vs Sita Ram Basanti Bai Jain
Introduction
The case we are discussing about is Mewar Textiles Mills Ltd. Vs sita ram basanti jain in which sita ram is an agent who was working for mewar textile mills Ltd. Which is the respondent of this case .in this particular case the plaintiff pleads that he has provided his services which are not being treated well . the plaintiff dispatches some wagons of coal as an agent to the textile mills at a price of 11936/78 paisa . But the party to which he sells the goods does not collect the goods on time which further leads the railway authority to cease the good . the plaintiff had to make the payment on the behalf of the textile mill with the amount of wharf age and demurrage of Rs46,800 whereas the defendant (the textile mills) says they never asked the plaintiff to buy the coal which makes him a seller himself. Issues of the case

The issues involved in this particular case were:-

*If buying of the coal makes the plaintiff a middle man according to sale of goods act, 1940 a buyer after purchasing a good tries to sell it further he is the part agreement to sale hence making him a unpaid seller? *Is the defendant not liable to pay any amount to the plaintiff ? *Is the plaintiff firm entitled to a sum of Rs. 11,936.70 p. as cost of the coal and Rs. 6266.30 p. as interest upon it?

*Does the plaint not disclose any cause of action and therefore, is liable to be rejected ?

Facts of the case
According to this case plaintiff is being robbed just for providing his services as when he was buying the coal from the railway authority he was doing nothing but looking after the the intrest of the defendant because as an agent of the textile firm he was given the power of attorney to buy and sell goods which would benefit the firm and he will get his normal commission. However there is no reason for the plaintiff or the firm to buy the coal without the permission of the central...
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