M SIVANANDAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree, dated 11.04.1994 made in O.S.No.396 of 1989 on the file of the Court of Subordinate Judge, Namakkal.

(2.) THE appellant herein is the plaintiff before the trial court, who filed the suit for re-straining the respondent herein by a decree of permanent injunction from in any manner de-manding and recovering any damages, in-cluding the one demanded, as per order in ROC.718/84 (B), dated 19.05.1988 on the file of the Divisional Excise Officer, Namakkal.

(3.) IN the written statement filed by the respondent / defendant, the public auction for retail sale of arrack shop No.1, Rasipuram and the provisional acceptance for the bid of the appellant for Rs.50,000/- have been admitted as true. According to the respondent, the said auction was held on 26.06.1984 and not on 23.05.1984. The respondent, as defendant has also admitted the fact that the appellants bid was not confirmed and resale of arrack shop No.1 was ordered by him. According to the respondent, a mistake had arisen on 05.07.1984, when auctions were held in re-spect of number of arrack shops. According to the respondent, the order passed by the Divi-sional Excise Officer, Namakkal in Proceed-ings ROC.No.718/84 (B), calling upon the appellant to pay damages is valid. Hence, the respondent herein pleaded for the dismissal of the suit.