FOOD CORPORATION Vs. BENGAL TRADING COMPANY

JUDGEMENT

(1.) BOTH these appeals arise out of a common judgment rendered by a single Judge in C.S.Nos.347 of 1979 and 556 of 1981, on the filed of this Court.

(2.) FOR the purpose of convenience and to avoid any confusion, we rather prefer to the names of the parties hereinafter instead of referring to their array in either of the

(3.) THE F.C.I, resisted the suit claim inter alia contending that the goods supplied according to specification, standard and quality as reflected by the test report submitted the Indian Institute of Packaging, Madras that with reference to the test report, the gunny bags supplied had been arrived at Rs.14,99,758 and on the basis of value, the B.T.C. has been overpaid and nothing remained to be paid to them; that bound to pay penalty as per the terms and conditions of the contract, which Rs.12,738-42, that they have no right to claim any interest and that under circumstances, they are bound to return the excess amount of Rs.11,98,128 recovery of which with interest, amounting to Rs.17,33,574-08, the F.C.I, filed C.S.No.556 of 1981.