PRASHASHAK GRAM SEWA SAMITEE Vs. SURENDRA KUMAR DEWANGAN

JUDGEMENT

(1.) The instant appeal is against the judgment and decree dated 28.10.2002 passed in Civil Suit No.12-B/2002 by the Fourth Additional District Judge, Raigarh, whereby as against the claim of Rs.4,98,750/- claiming interest @ 18%, decree for Rs.2,85,000/- was granted and further the Court ordered to pay interest @ 6% from 02.08.1996 till the realization of the amount.

(2.) As per the plaint allegation, the plaintiff is engaged in the business of sale of Kosa alongwith Kosa Fabric. The defendant No.1 namely Gram Sewa Samiti Raipur had also its Branch in the name of Khadi Gramodyog at Raigarh who is arrayed as defendant No.2. The defendant No.3 was the State. It was pleaded that the defendant No.1 and 2 Khadi Gramodyog who prepared Kosa garments used to purchase Kosa Cocoons and the payments are made periodically according to the receipts. It was stated that on 02.02.1996 initially the defendant had purchased Kosa Cocoons worth Rs.2 Lakhs. As per the plaint allegation, it was stated that on 02.02.1996, the plaintiff had sold Kosa Cocoons worth Rs.2 Lakhs to the defendant No.1 for which the bill was bearing No.147 dated 02.02.1996 and were drawn in the name of Manager, Khadi Karyalay Raigarh, which was on credit. The same was received by the defendant No.2 and subsequently again on 02.05.1996 at the rate of 1350/- per thousand another one lakh Kosa Cocoons were purchased by the defendants for which the bill was bearing No.151 dated 02.05.1996. Both the bill contains the acknowledgment. It was stated that the defendant No.1 and 2 had total purchased Kosa worth Rs.3,35,000/- for which the payments should have been made within one month and out of the outstanding dues Rs.50,000/- was paid by the defendants thereby Rs.2,85,000/- was the remaining balance principle amount was to be paid to the plaintiff. It was further stated that despite follow up, the amount was not paid and eventually the notices were extended but the payment was not made and as such the suit was filed.

(3.) The defendant No.1 and 2 contended that they themselves directly purchased the Kosa and payments were made directly. They admitted that on 02.02.1996 the defendant had purchased Kosa Cocoons worth Rs. 2 Lakhs, however, the purchase on 02.05.1996 at the rate of 1350/- per thousand of one Lakh Kosa were denied. The entire outstanding dues which were claimed were disowned. It was further stated that the purchase bills were sent to the defendant No.2 for clarification and the payments were to be made by the defendant No.1. It was stated that the defendant No.1, the apex body, had not directed for purchase of any such Kosa Cocoons, therefore, the defendant No.2 had not accorded the sanction for payment of the bill.