J RAM REDDY Vs. PROTECT WELL SERVICES

JUDGEMENT

(1.) THE Civil Revision Petition is directed against the order, dated 22-08-2007 in e. P. No. 148 of 2006 in O. S. No. 423 of 1997 on the file of III Senior Civil Judge, City civil Court, Secunderabad.

(2.) THE suit was filed against the revision petitioner for dissolution of the partnership firm and for return of the material, machinery and tools by the revision petitioner or to pay the value of the same estimated at rs. 6,46,300/ -. The plaintiffs averred in the suit that the present revision petitioner/first defendant therein was in custody of the material, machinery and tools undertaken to be returned after release of the surety papers pledged by them with the bank. Accordingly, the plaintiffs claimed to have substituted the collateral security with the bank, but alleged the first defendant to have not returned the material, machinery and tools etc.

(3.) THE first defendant contested the suit contending among other things that it was for the plaintiffs to shift the material from the premises of the first defendant to their own place at their risk for which the first defendant was not responsible. In fact, the same was specified in the reply legal notice given to the plaintiffs and he contended that as the material was not in his possession and as it was shifted to the premises of the first defendant at the risk of the plaintiffs under their lock and key, they were not entitled to the suit relief. After the trial on merits, the trial Court rendered the judgment, dated 31-10-2003 in which it was concluded that the plaintiffs discharged their liability undertook by them and the first defendant was liable to return the properties kept in his premises on which a charge was created to the second defendant-bank. The trial Court disbelieved the claim of the first defendant that the material was kept at his premises at the risk of the plaintiffs under their lock and key and he was directed to return the material, machinery and tools within one month or in the alternative to pay the value of the same amounting to rs. 6,46,300/- with costs and future interest at 6% per annum from the date of suit till the date of realization.