CHIEF OFFICER TOWN MUNICIPAL COUNCIL Vs. SRIKANTESHWARA AGENCIES

JUDGEMENT

(1.) THIS is the defendant's second appeal against the concurrent findings of facts arrived at by both the Courts below.

(2.) THE respondent herein filed the suit for recovery of Rs.4,28,000/- with interest at 18% p.a. thereon from the date of filing of the suit. Case of the plaintiff is that after obtaining indent from the defendant dated 3.5.1999, plaintiff has supplied the materials and chemicals like black phenyl, malaria oil, BHC powder, bleaching powder, etc; plaintiff has supplied the aforesaid articles on 13.5.1999 to the defendant-Municipal Council; office of the defendant-Municipal Council has received the articles indented and the Assistant Health Inspector has acknowledged the receipt of such articles after taking the stocks to their account books and stock ledgers; in spite of supply of such materials, the requisite amount is not paid to the plaintiff by the defendant; hence, the notice was issued as per Ex.P6 by the plaintiff to the defendant requesting the defendant to pay the arrears of amount of Rs.4,28,000/-; since the amounts are not paid, suit came to be filed for recovery of the said amount with interest thereon. Case of the defendant is that the plaintiff has not supplied any material as contended by the plaintiff to the defendant; since there is no contract between the parties, and since the plaintiff has not supplied the material to the defendant, the defendant is not liable to pay any amount to the plaintiff.

(3.) BOTH the Courts below on evaluation of the material on record have concluded that the plaintiff is entitled to receive a sum of Rs.4,28,000/- with interest at 9% p.a. from the defendant.