BABULAL SOBHAGMAL MODI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall also govern disposal of Civil Revision No. 429/91, Union of India v. Babulal as both the revision petitions have arisen from the common order.

(2.) THE plaintiff, Union of India, filed Civil Suit No. 5-B/87 for recovery of Rs. 2,20,000/against the defendant. According to the plaintiff, the defendant was given the contract of out agency for a period of five years from 1-3-1982. The defendant did not pay a sum of Rs. 1,68,629. 40 in terms of Clause 14 (8) of the Agreement. According to the plaintiff, the defendant was entitled to receive a sum of Rs. 53,276. 22 from the plaintiff and after adjustment of the same, the plaintiff was entitled to recover a sum of Rs. 1,15,353. 18 along with interest at the rate of 18% per annum amounting to Rs. 1,04,646. 82 and consequently a total sum of Rs. 2,20,000/was entitled to be recovered from the defendant as principal amount as also the interest.

(3.) THE defendant filed the written-statement and stated that a sum of Rs. 1,68,629. 40 is not liable to be recovered from him as he has submitted bill of Rs. 1,00,375. 44 which is pending for payment before the plaintiff. The defendant has further stated that because of the business loss, he is further entitled to receive a sum of Rs. 50,000/- as damages from the plaintiff and a sum of Rs. 10,000/- as special damages.