SURESH KUMAR AGRAWAL Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) By this appeal, the appellant/plaintiff would call in question the legality and validity of the impugned judgment and decree dtd. 27/7/2016 passed by the 1st Additional District Judge, Bilaspur, in civil suit No.74-B/2014. The decree is of Rs.14,81,671.00 as against claim of Rs.35,23,725.00.

(2.) Learned counsel appearing for the appellant/plaintiff, on instructions, would submit that the appellant is not aggrieved by other findings except symbolic penalty which is imposed by the Court below at para 14 of the impugned judgment. Learned counsel would submit that the penalty which has been imposed would show that no evidence exists or any facts were available before the Court below to impose such penalty. He would further submit the said part of symbolic penalty of Rs.20,000.00 which is imposed may be set aside as it may turn otherwise against the appellant in preparation of final bill by including the escalation of price of goods.

(3.) Learned counsel appearing for the respondents/defendants, per contra, would submit that though the symbolic penalty has been imposed, but the said imposition of penalty is as per admission of the plaintiff in its plaint at paras 13 and 14, therefore, the finding recorded by the Court below with regard to imposition of penalty is well merited. He would further submit that in cross-examination, the admission exists.