T V ANGAPPAN Vs. COIMBATORE MURUGAN MILLS LTD

JUDGEMENT

(1.) The defendant in O.S. No. 100 of 1973, on the file of the Sub-court, Coimbatore, who was unsuccessful in both the courts below, is the appellant herein.

(2.) The appellant was the managing director of M/s. Coimbatore Murugan Mills Ltd., till its management was taken over by the Tamil Nadu Textiles Corporation as authorised controllers by the order of the Govt. of India dated December 19, 1970. When possession was taken over by the said Corporation, there was a deficit in the yarn stocks to the tune of 995.5 kgs., valued at Rs. 9,796.29. Subsequently, the management of the mills was taken over by the National Textile Corporation (Tamil Nadu and Pondicherry) Ltd. Thereafter, the National Textile Corporation field the said suit for the recovery of Rs. 9,796.29 from the defendant.

(3.) The defendant resisted the suit contending that he was not liable to pay the suit claim, that during the relevant period, he and the staff working under him were physically prevented from entering the mills by the workers, that the stock was not verified in the presence of the defendant, that there was no shortage, and that even if there was any, he was not liable to make good the loss. He also contended that the weight of cotton yarn was subject to variation on account of the climatic factors, and, therefore, the shortage in this case can be attributed to the climatic changes.