9911796707
TMI Blog1967 (12) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent sent the appellant despatch instructions dated November 21, 1960, through the Director of Supplies & Disposals. On November 30, 1960 the appellant, however, intimated to the respondent that the contract was void and illegal and requested that the security deposit should be refunded. The case of the appellant was that the contract was in violation of the provisions of the Forward Contract _(Regulation) Act, 1952 (Act 74 of 1952), hereinafter called the 'Act'. By his letter dated December 1, 1960 the Director of Supplies wrote on behalf of the respondent that the contract was legal and binding and as the appellant had failed to deliver the goods as provided in the agreement the respondent would purchase the goods at the risk of the appellant. The respondent incurred extra expenditure amounting to about ₹ 76,410 and after giving credit to the appellant for the amount of Security Deposit, a sum of ₹ 56,000 still remained due to be paid by the appellant to the respondent. As the appellant failed to pay, the respondent took recourse to the arbitration cl. 21 of the contract and appointed an Arbitra- tor to determine the dispute between the parties rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds or class of goods and in such areas as may be specified in the notification, and thereupon, subject to the provisions contained in section 18, every for-ward contract for the sale or purchase of any goods specified in the notification which is entered into in the area specified therein otherwise than between members of a recognised association or through or with any such member shall be illegal." Section 17 provides : "17. (1) The Central Government may, by noti- fication in the Official Gazette, declare that no person shall, save with the permission' of the Central Government, enter into any forward contract for the sale or purchase of any goods or class of goods specified in the notification and to which the provisions of section 15 have not been made applicable, except to the extent and in the manner, if any, as may be specified in the notification. (2)All forward contracts in contravention of the provisions of sub-section (1) entered into after the date of publication of the notification thereunder shall be illegal. (3)Where a notification has been issued under sub-section (1), the provisions of section 16 shall, in the absence of anything to the contrary in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Government notification and therefore no right or liability accrued to the parties on the basis of the contract. The contention of the appellant was that the contract was not a non-transferable specific delivery contract as defined in s. 2 (f ) of the Act and as such it was illegal and void and the arbitration clause contained therein was of no effect and could not be availed of by either of the parties. We are unable to accept the argument put forward on behalf of the appellant as valid. The question as to whether the contract was a transferable or non-transferable specific delivery contract is a question which ultimately depends on a reasonable construction of the contract. On behalf of the appellant it was pointed out that there was no specific clause in the contract which prohibited the transfer of the rights and liabilities or which prohibited transfer of the bill of lading. But the absence of such a specific clause is nor conclusive as to the intention of the parties. It is true that when a contract is reduced to writing we must look only to that writing. for ascertaining the terms of the agreement between the parties but it does not follow from this that it is only what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t paragraph of the letter of acceptance dated September 16, 1960 states that "the gunnies are very urgently required at the destination for packing imported foodgrains which are arriving in bulk" and "it was therefore of utmost importance that shipment of the total quantity ordered shall be made in the vessels nominated by the purchaser." There is also a specific provision in the contract that the "stores shall be, inspected prior to shipment by the A.T.I.G.S., East India, Hastings, Calcutta, or his representative." There is also a further stipulation that after the goods are inspected arrangements should be made to ship the stores in accordance with the instructions contained in the contract and that goods which are not accepted in inspection should not be shipped. The name of the consignee is given in the contract as Asst. Director (Storage), Ministry of Food & Agriculture, Transit Shed No. 4, Visakhapatnam Port, Visakhapatnam and payment is to be made according to the procedure specified in the contract and the cost was debitable to the Pay & Accounts Officer, Ministry of Food & Agriculture, Bombay or New Delhi as the case may be under Head of Accou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
