LAWS(MPH)-1990-1-29

UNION OF INDIA Vs. WESTERN COAL FIELDS LTD.

Decided On January 16, 1990
UNION OF INDIA Appellant
V/S
WESTERN COAL FIELDS LTD. Respondents

JUDGEMENT

(1.) THE Additional District Judge, Manendragarh vide his judgment dated 30.8.86 decreed the claim for damages made by the plaintiff -respondent No. 1 Western Coal Fields Ltd. to the extent of Rs. 37, 117.52/ - together with interest against the defendant No. 1 -appellant -Union of India representing the administration of South Eastern Railway. It is being aggrieved by it that the defendant No. 1 -Union of India has filed the present appeal in this Court.

(2.) THE relevant facts, briefly stated, are these that the plaintiff -respondent No. 1 Western Coal Fields Ltd. had placed an order for supply of G.I.Pipes on the defendant No. 2 -respondent No. 2 M/s. Jain Tube Company Ltd. sometime in 1981. According to the plaintiff -respondent No. 1, pursuant to the placing of the said order, the defendant No. 2 -respondent No. 2 booked the relevant consignment consisting of 148 pieces of G.I. Pipes, admeasuring 897.26 metres, valued at Rs. 83.260.15P, at J.T.C. railway siding at Ghaziabad in the Slate of Uttar Pradesh on 22.4.81 vide Railway Receipt No. 1722044 for being delivered to the plaintiff -respondent No. 1 at Tiger Hill siding at Darritola in the State of Madhya Pradesh. The consignment reached its destination on 10.6.81. The delivery of the same was taken by the plaintiff -respondent No. 1 on 24.6.81.

(3.) IN the opinion of this Court, in view of the pleadings of the parties, and in view of the evidence produced in the case, there is no substance in the first argument of the learned Counsel for the defendant No. 1 -appellant that the plaintiff -respondent No. 1 failed to establish that 148 pieces of G.I. Pipes admeasuring 897.26 metres valued at Rs. 83.260.15P had been handed over by the defendant No. 2 -respondent No. 2 consignor to the Railway Administration at J.T.C. siding at Ghaziabad for delivery to the plaintiff -respondent No. 1 -consignee at Tiger {fill siding at Darritola. It is significant to note that the plaintiff -respondent No. 1 had pleaded the abovesaid facts in para 4 of its plaint. The defendant No. 1 -appellant, in its written statement admitted the said facts subject to only one qualification to the effect that the number of pipes and their measurement had not been done in the presence of its employee or officers. Thus, there was no denial of the fact on behalf of the defendant No. 1 -appellant that the defendant No. 2 -respondent No. 2 -consignor had booked 148 pieces of pipes admeasuring 897.26 metres at J.T.C. railway siding at Ghaziabad for delivery to the plaintiff -respondent No. 1 at Tiger Hill siding at Darritola. Infact, the said facts were very clearly deposed to by the Loading Supervisor of the defendant No. 2 -respondent No. 2 -consignor, D.W.I Madanlal Gupta, in his evidence in the Court and in view of the defendant No. 1 -appellant having failed to produce any evidence whatsoever, the evidence of the said witness remained unrebutted and there was no reason to disbelieve it.