G GANGI REDDY Vs. DEPOT MANAGER

JUDGEMENT

(1.) The petitioner is seeking a direction from this Court to be addressed to the respondents 1 and 3 that the payment of a sum of Rs.78,800/- be released to the petitioner, as directed by the Respondent No.2, by letter dated 2-4-1994.

(2.) This amount of Rs.78,800/- consists of the refund claim of the petitioner in respect of 788 missing crates for which, according to Respondent No.2, the petitioner was not responsible. This writ petition, as submitted by the learned Counsel for the respondents, could be straight away dismissed on the ground that the refund claimed was allegedly arising out of a breach of contract, for which no writ petition could be entertained. However, according to the petitioner, there are certain admitted and undisputed claims which are required to be looked into.

(3.) The petitioner alleges that he had entered into a contract for the year 1992-93 with respondents 1 and 2, according to which the petitioner was to procure supplies of arrack from A.P. Beverages Corporation Limited (Respondent No.2) and he was supposed to sell the same under the contract. The supplies ware made in plastic sachets of 90 ml. each. At the end of the contract period, when prohibition on arrack was imposed, the petitioner returned all crates available with him to the Excise Department, and on such return the Assistant Depot Manager, Metpalli, gave a certificate stating that all empty crates were returned. The Assistant Depot Manager, Jagtial gave a certificate dated 15-11-1993, stating that there was a shortage of 1120 crates and, therefore, the petitioner has paid an amount of Rs.1,12,000/- towards the costs of the said missing crates. However, after sometime the Respondent No.l, without giving any notice or intimation to the petitioner, addressed a letter to the Bank Manager of Vijaya Bank, M.G. Road, Hyderabad to make payment of Rs.78,800/- for encashing the Bank guarantee furnished by the petitioner, towards the alleged further shortage of 788 crates. After some correspondence was exchanged between the parties, eventually the General Manager of the Respondent No.2, Corporation, by a letter dated 2-4-1994 addressed to the Depot Manager, I/C IML Depot, Karimnagar directed to refund an amount of Rs.78,800/- which was collected in excess from the petitioner. However, in spite of the said letter, the Respondent No.1 failed to refund the said amount.