A.P.CIVIL SUPPLIES CORPORATION REP.BY ITS VICE CHAIRMAN & MANAGING DIRECTOR Vs. M/S MAHALAKSHMI TRANSPORT REP.BY ITS PROPRIETOR Y.VENKATESHWARLU AND OTHERS

JUDGEMENT

(1.) The appeal is maintained by the then A.P.State Civil Supplies Corporation(for short, Corporation) represented by its Vice Chairman & Managing Director, Hyderabad, the 1st defendant, among three defendants including the State of A.P. represented by the Chief Secretary, Government of A.P. and State Bank of Hyderabad, Kurnool branch represented by its Manager, impugning the decree and judgment of the trial Court dated dt.14.09.2009 in O.S.No.2172 of 2006 filed by M/s Maruthi Road lines rep. by its Proprietor Y.Venkateshwarlu, for recovery of Rs.5,40,000/ - with future interest and costs, for decreeing by the trial Court the suit against three defendants {(the Civil Supplies Corporation(the appellant herein) and the State Government( the then A.P.) and against the 3rd defendant (State Bank of Hyderabad also)} for Rs.3,65,715/ -( which includes of Rs.1,30,000/ - the claim of the plaintiff on bills, increase of 30% transport rate from 15.10.1990 to the end of December, 1990 of Rs.35,715/ -, forfeited security deposit of Rs.50,000/ - and forfeited bank guarantee from 3rd defendant bank of Rs.1,50,000/ -) with future interest at 6%p.a. from the date of suit (Dt.22.07.1991) till realization with proportionate costs of Rs.19,878/ -. C.C.C.A.No.63 of 2013:

(2.) The appeal is maintained by the then A.P.State Civil Supplies Corporation represented by its Vice Chairman & Managing Director, Hyderabad, the 1st defendant, among three defendants including the State of A.P. represented by the Chief Secretary, Government of A.P. and State Bank of Hyderabad, Kurnool branch represented by its Manager, impugning the decree and judgment of the trial Court dated dt.14.09.2009 in O.S.No.2173 of 2006 filed by M/s Maruthi Road Lines rep. by its Proprietor Y.Venkateshwarlu,(self -same plaintiff in O.S.No.2172 of 2006) for recovery of Rs.6,00,000/ - with future interest and costs, for decreeing by the trial Court the suit against three defendants {(the Civil Supplies Corporation(the appellant herein) and the State Government( now the Telangana) and against the 3rd defendant (State Bank of Hyderabad also)} for Rs.3,85,420/ -(which includes of Rs.1,70,000/ - the claim of the plaintiff on bills, increase of 30% transport rate from 15.10.1990 to the end of November, 1990 of Rs.16,420/ -, forfeited security deposit of Rs.50,000/ - and forfeited bank guarantee from 3rd defendantbank of Rs.1,50,000/ -) with future interest at 6%p.a. from the date of suit (Dt.23.09.1991) till realization with proportionate costs of Rs.21,388/ -.

(3.) It is pending the two appeals filed by the 1st defendant Corporation showing the plaintiff, the respective State Governments and the State Bank of Hyderabad, Kurnool Branch as respondents, there was, vide orders in C.C.C.A.M.P.No.287 and 288 of 2013 dated 12.06.2013 interim stay of execution of decree in both suits subject to deposit of half of the decretal amount and suit costs and by permitting withdrawal by plaintiff without furnishing security, is granted.