AHMEDABAD MUNICIPAL CORPORATION Vs. DEEP PRINTERS

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree passed by the learned Judge of the City Civil Court, Ahmedabad in Summary Civil Suit No.4747/1986 dated 03.03.1997, whereby, the said suit was allowed and the appellant were directed to pay the defendant an amount of Rs.34,275/- towards the principal amount and Rs.12,160/- towards the claim of interest and other benefits with running interest at the rate of 12% on 34,275/- from the date of the suit till the date of realization.

(2.) THE facts in brief are that the defendant is a proprietor firm and and is engaged in the business of printing. It is the case of the respondent the appellant had placed an order for printing the contingency form and since the same were required urgently, the defendant printed and delivered the same to the appellant. THE appellant received the said goods and out of total value of goods of Rs.34,770/- the appellant paid an amount of Rs. 495/- by cheque. Thus, an amount of Rs.34,275/- had remained outstanding.

(3.) FROM the record it appears that the defendant had printed the contingency form of the appellant Corporation during the period from 16.05.1983 to 27.07.1983 and the said printing work had been entrusted to the defendant by one Mr. M.M. Shah who was Zonal Officer of Central North Zone of the appellant Corporation, since the quotation of the defendant was lowest and the work order was given to the defendant by the appellant Corporation. The said fact is established from the bills produced at Exhibits-45 to 55. Out of the said 11 bills, the appellant had made part payment of Rs.495/-of first bill at Exhibit-45 dated 16.05.1983 and the payment of Rs.34,275/- for the bills at Exhibits-46 to 55 had not been made by the appellant Corporation in spite of repeated reminders. In the written statement of said Mr. Shah at Exhibit-9, wherein he had admitted that the payment of Rs.495/-was made by the appellant Corporation towards the costs of forms and contingency purchased by the appellant Corporation. Thus, Mr. Shah was in charge of the zone during the relevant period of the subject matter of the suit. Apart from that the delivery slips at Exhibit-56 to 65 clearly shows that the goods were received by the appellant Corporation.