RAJ KUMAR Vs. GOVT.OF NCT OF DELHI

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 31 st July, 1997 of the Court of the Addl. District Judge, Delhi of dismissal of Suit No.201/1996 filed by the appellant/plaintiff for recovery of Rs. 1,28,700/- from the respondents/defendants Commissioner, Food, Supplies and Consumers Affairs of the Govt. of NCT of Delhi.

(2.) THE appeal was admitted for hearing. Upon it being reported that the Trial Court record had been destroyed, the counsel for the appellant/plaintiff was directed to file copies of the said record. The appeal was on 3 rd November, 2011 dismissed in default of appearance of the appellant/plaintiff but on application of the appellant/plaintiff was vide order dated 30th April, 2012 restored to its original position. The appellant/plaintiff neither took steps for service of the respondents/defendants nor appeared and the appeal was vide order dated 7th January, 2013 dismissed in default. The appellant/plaintiff again made an application for restoration and notice thereof was served on the respondents/defendants. Vide order dated 4 th September, 2013 it was made clear that the appeal will be restored only when the counsels are prepared to address on the appeal itself and the matter posted for the said purpose today. Vide separate order, the appeal has been restored to its original position and the counsels have been heard.

(3.) THE respondents/defendants contested the suit by filing a written statement on the grounds:- (i). that the Civil Court had no jurisdiction as appeal under Section 6 C of the Essential Commodities Act lies before the Financial Commissioner; (ii). that no notice under Section 80 of the CPC had been served; (iii). that the suit was filed with the mala fide motive of blackmailing honest officials of the respondents/defendants; (iv). that the stock of 191 bags of wheat was legally seized and disposed of as per the provisions of the Essential Commodities Act; (v). denying that the respondents/defendants intentionally or mala fidely delayed disposing of wheat causing any harm to the appellant/plaintiff; (vi). denying that the cost of the wheat was @ Rs.3.80 per kg. or that the appellant/plaintiff was entitled to rent of the godown; (vii). that the suit was not maintainable owing to Section 15 of the Essential Commodities Act protecting the actions taken under the Act; (viii). that the premises of the appellant/plaintiff were checked/raided on 20th July, 1992 on the basis of secret information that wheat meant for PDS outlets had come directly from the FCI godown at Narela to the premises of the appellant/plaintiff; (ix). that the appellant/plaintiff delayed the visiting team to carry out the inspection and inspection was carried out subsequently by breaking open the locks of the premises; (x). that during the inspection 31 bags of wheat with the marking of fair price shops were found in the premises of the appellant/plaintiff and the stock of wheat of the appellant/plaintiff was found short by 12.75 quintals; (xi). in view of the aforesaid it was felt that the appellant/plaintiff had contravened the provisions of Delhi Wheat (Licensing & Control) Order, 1988 and the license of the appellant/plaintiff was cancelled and 191 bags of wheat were seized and placed under the superdari of one Shri Ram Kumar; and, (xii). that the sale proceeds of Rs.13,000/- of the wheat were deposited with the District Nazir on 4th November, 1993 itself.