ACSCO TRAVELS AND ORS. Vs. INDIAN AIRLINES LIMITED

JUDGEMENT

(1.) THE brief story of the case in a nutshell is that:

(2.) MR . S. Chakravarty, learned counsel appearing for and on behalf of the appellants argued that, initially, Indian Airlines Limited who is the respondent here in this appeal had filed a Money Suit bearing Money Suit Case No. 16 (H) 1995 as plaintiff against the present appellants. The learned court of the Assistant to the District Judge, Shillong has passed the judgment on 22.02.2013 and subsequently, decreed it.

(3.) I have perused the deposition of D.W. 1 Shri Sabyasachi Paul, and after going through the deposition, I did not find anywhere in the examination -in -chief he admitted the allegation made in the plaint. On further perusal of the cross -examination also, I did not find that he has specifically admitted the averments of the plaint except his statement "AGT -1, AGT -2; AGT -3; & AGT -4 if any done was done by the manager who is entrusted for the whole job". On bare perusal of the contention quoted above, it is understood and clear that he has used the word "If any", it means he is not sure whether, there is or there was any manipulation by anyone in the office. Therefore, in my view, the court cannot safely rely on such evidence, and should have called further witnesses to prove the case, but that has not been done in this case.