1991 (3) TMI 361

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.... UPENDRALAL WAGHRAY, J.-The finding of the Tribunal contained in paragraph 5 of the judgment is as follows: "As already stated the company is having 22 depots in various States. There are a number of wholesale dealers nominated by the appellant under separate agreements entered into with the wholesalers at the time of appointment and the wholesalers are attached to various depots. The wholes....

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....so insured by the appellant-company. Then the wholesale buyers who have placed their indents or who require the goods approach the depot and purchase the requirement on payment of cash. The depots issue bills to the wholesale purchasers and deliver the goods. The date of booking the order does not determine the priority of sale. Thus the quantum of sale and the date of sale are unpredictable. The ....

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....Lakshminarayana Stores, Bangalore, placed an indent on the depot at Bangalore on March 23, 1983, in indent (souda) No. 821 for supply of 50 tins. Annexure B-I to the objections filed by the appellant is the statement showing receipts, deliveries and closing stocks of Bangalore depot for the month of March, 1983. It shows that on that day there was an opening stock of 325 tins in the depot. There w....

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....equent dates till March 31, 1983, on which day M/s. Lakshminarayana Stores actually paid the cost of the indented goods and took delivery, there were sufficient stocks. So simply because the depot had communicated the soudas to the factory, it cannot be said that the despatches made by the factory to the depot after receipt of the souda is intended to be appropriated towards the order placed by M/....