M.P. RAJYA LAGHU VAN UPAJ (VYAPAR AVAM VIKAS) SAHKARI SANGH MARYADIT AND ANOTHER Vs. M/S. BHAGWANDAS SHOBHALAL JAIN

JUDGEMENT

(1.) The appellants, being aggrieved by the judgment and decree dated 11.1.1996, passed in Civil Suit No. 10-A/93 by District Judge. Sagar decreeing the suit of the respondent/plaintiff, has filed present first appeal under section 96 of the Civil Procedure Code.

(2.) The facts of the case are that respondent/ plaintiff submitted a tender to purchase tendu leaves of Lot Nos. 229 and 230. The appellants/defendants accepted the tender. The respondent/plaintiff deposited Rs. 29,02,817.51 for 6087.275 standard bags of Lot No. 229 and Rs. 14,32,938.43 for 3004.905 standard bags of Lot No. 230 but the appellants/defendants supplied 5390.713 standard bags of Lot No. 229 and 2455.138 standard bags of Lot No. 230. The value of short supplied tendu leaves comes to Rs. 5,94,324,40. The respondent/ plaintiff claimed such amount with interest @ 18% per annum. The appellants/defendants refunded Rs. 1,27,160. The respondent/plaintiff amended its plaint on 7.2.1995 and finally claimed Rs. 6,79,517.76 as the amount due.

(3.) The appellants/ defendants submitted their written statement and admitted the short delivery and refund of Rs. 1,27,160.00 against such short delivery. The appellants/ defendants had prayed for rejection of the claim filed by the respondent/plaintiff.