K L SHROFF Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a suit for recovery of Rs. 24,53,445.61 p.

(2.) The case of the plaintiff is as follows. The plaintiff No. 1 K.L. Shroff is the sole trustee of plaintiff No. 2 K.L. Shroff Family Trust under the registered trust deed dated 1.7.1978. The trust is carrying on the printing work in the name and style of M/s. Nu Tech Photolithographers, plaintiff No. 3. The defendant State of Haryana awarded the work of printing of lottery tickets for the period 1.4.1985 to 31.3.1986 and 1.4.1986 to 31.3.1987 under an agreement. In terms of the agreement, the defendant was responsible for supplying papers for printing of lottery tickets at the premises of the plaintiffs; the plaintiffs were to carry out the printing work and deliver them within the time stipulated as per print order, delivery was to be given at the printing press and printing was to be done under the supervision of an official of the defendant. During the contract period, the defendant issued print orders to the plaintiff from time-to-time under the said agreement. The print orders were in respect of the following weekly lotteries: (1) Hari Om 9th to 25th draw (2) Shri Ganesh 72nd to 128th draw (3) Jai Durge 1st to 73rd draw (4) Mahalakshmi 388th to 445th draw

(3.) The plaintiffs after executing the print order supplied the printed lottery tickets to the lottery department of the defendant in accordance with the agreement and submitted various bills for payment. The defendant made the payment of the reduced amount in these bills on the pretext that penalty was imposed on the plaintiff for delayed delivery of the lottery tickets, but it did not disclose the basis of the deduction. The plaintiffs submitted a statement in respect of the lotteries, Jai Durge, Mahalakshmi and Shri Ganesh showing the amount of bills, actual amount paid, the date and the deficiency in the payment, which was annexed to the plaint as Annexures-A, B and C. The deficiency in payment are Rs. 5,80,800/- in respect of Jai Durge; Rs. 2,81,600.65 in respect of Mahalakshmi and Rs. 3,30,800/- in respect of Shri Ganesh lottery. The defendant has unlawfully made deductions from the bills submitted by the plaintiffs on account of delay in delivery of lottery tickets and for supply of papers in excess of the requirement, etc. The delay in delivery of the tickets, if any, was on account of the defaults committed by the lottery department of the defendant by not supplying papers for printing of the tickets at the premises of the plaintiff before commencement of the printing; by not issuing and delivering the print orders 21 days before the date of supply of the tickets, which period on such failure on the part of the defendant was to stand extended in terms of the agreement; by not supervising of the printing work by the lottery department of the defendant for causing delay in the printing and delivery schedule; by counting the time for delivery from the date of printing order instead of from the date on which order of the defendant reached the printing press of the plaintiffs in accordance with the agreement and by not taking delivery of the printed tickets by the defendant on time. The defendant cannot take advantage of its own wrong. The defendant is liable to make payment of the amount shown in Annexures A, B and C to the plaint with interest @ 18% p.a. from the due date of payment to the date of recovery of the amount. The amount of interest due upto 15.12.1988 was Rs. 2,78,065.45 in respect of Jai Durge series; Rs. 1,35,988.80 in respect of Mahalakshmi and Rs. 1,60,021.20 in respect of Sri Ganesh series.