UNION OF INDIA Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) This is defendant/ appellant's appeal against judgment and decree passed by District Judge, Chhindwara, in C.S. 12A/88, decided on 30-1-1990.

(2.) Respondent/ plaintiff M. P. Electricity Board filed a suit for recovery of Rs. 48,000/alleging that money-orders were sent by its Administrative Officer, Distribution Centre of Panjra, Tehsil Amarwara, District Chhindwara through Post Officer Panjra to remit the amount recovered from the electric consumers to the Head Office, M. P.E.B., Jabalpur. Amount of Rs. 1,94,766.55 P. were sent by money-orders on different receipts. The Post Master though gave the receipts of the whole amount did not remit full and retained the amount which ultimately in the analysis amount of Rs. 47,737.67 P. remained unremitted. A report was lodged and a demand was made for Rs. 48,237.67 P. along with interest. A notice under Section 80 of the Code of Civil Procedure was served but no reply was received from the appellant/ defendant.

(3.) Thereafter a suit was filed. The suit is based on documentary evidence Ex. 6, P. 2 to P. 37. The said amount was remitted between 14-8-1978 to 19-2-1980. The officers of the plaintiff conducted an enquiry/ investigation against the Post-Master and found that he had not paid the amount sent through moneyorders to the party as was his obligation.