SURINDER KUMAR SHARMA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) APPELLANT filed a suit for recovery of goods and money against the respondent before the trial court praying therein that respondent be directed to deliver 26.767 metric tonnes of first quality paper and 13.093 metric tonnes of second quality paper of totalling to 39.807 metric tonnes and/or in the alternative pay Rs. 2,07,543/ - being the market value of the said goods. It was further prayed that a decree of Rs. 3,70,926.48 details whereof were given in para 18 of the plaint, be also passed.

(2.) IN para 18 of the plaint bifurcation of Rs. 3,70,926.48 has been given, as under : -

(3.) APPELLANT lifted 77.062 metric tonnes of papers and paid Rs. 7,50,457.37 to respondent. However, remaining stock could not be lifted on account of hurdles created by the respondent. Respondent changed the terms of sale and had illegally taken cash security of Rs. 50,000/ - from the appellant. One truck carrying stock of papers was intercepted and impounded by the Excise Department at Ghaziabad and could be released only on 18th August, 1982 pursuant to the order passed by the High Court. Appellant had to pay Rs. 20,000/ - to the truck owner which amount he was entitled to recover from the defendant @ 12% per annum with effect from 22nd July, 1982. It was further alleged that stock of papers consisted of paper strips as well for which the market price at ex -mill rate with 24% extra cater to Rs. 1.92 per kg. As against this, respondent charged Rs. 6.20 per kg. Thus, appellant was entitled for refund of difference @ Rs. 4.28 per kg amounting to Rs. 34,240/ -. It was further alleged that respondent had charged excess amount by 24% amounting to Rs. 1,71,892.16 and appellant was entitled to refund of this amount as well. Delay was caused by the respondent as its officials who created hurdles, inasmuch as, quality of paper deteriorated due to moisture. It was further alleged that appellant was not allowed to lift the remaining paper from the godown, inasmuch as, value thereof was too exaggerated.