UNION OF INDIA Vs. SINGARANI COLLIERIES CO LTD

JUDGEMENT

(1.) This appeal is preferred by the Union of India, represented by its General Manager, South Central Railway, Secunderabad, and the Chief Claims Officer, South Central Railway, Rail Nilayam, Secunderabad, who are defendants 1 and 2 in O.S. No.101/87 on the file of Subordinate Judge, Kothagudem. The 3rd defendants in the suit-The Indian Explosives Limited was impleaded as 2nd represent in the present appeal and the appeal was dismissed for default as against R.2. The Singareni Colleries Company Limited, represented by its Law Officer, Kothagudem is the 1st respondent-plaintiff.

(2.) The respondent No.1 herein - the plaintiff filed the suit for recovery of Rs.78,786-49 ps., together with future interest at 18% per annum, on Rs.52,176-48 ps., being the value of 161 cases of Ajax-G Explosives.

(3.) The learned Subordinate Judge, Kothagudem, on the respective pleadings of the parties had settled the issues, examined P.Ws.1, D.Ws.1 to 3, marked Exs.A.l to A.9 and Exs.B.1 and B.2, and consequently decreed the suit for Rs.78,786-49 ps., with costs with interest at 6% per annum on the principal amount from the date of suit till its realization against defendants 1 and 2, and the suit against 3rd defendant was dismissed with costs, and aggrieved by the same, the present appeal is preferred.