STATE OF M.P. Vs. HARISHCHAND

JUDGEMENT

(1.) THE judgment in this appeal shall decide the connected appeals - F.A. No. 260/96 (State of M.P. v. Harbansh Singh) and F.A. No. 273/96 (State of M.P. v. Mevalal Jaiswal) also. These appeals preferred by the State of M.P. in its Excise Department arise out of three civil suits filed separately by three contractors (respondents herein) which have all been decreed.

(2.) IN the excise period 1991 -92, the excise contractors were granted statutory licences for selling country liquor in various areas specified in the licences in Sidhi district.

(3.) IN Schedule 'Kha' of the suit, the quantum of damages claimed for loss of sale for half an hour on each day between the period 1.4.91 to 24.7.91 has been given in a chart form. On the basis of the total sales effected during the contract period in question, the proportionate loss of sale due to closure of the shop half an hour before the scheduled time is worked out between the period 1.4.91 to 24.7.91. On the above basis, the total amount of loss suffered due to loss of half an hour of sale period every day has been worked out. In all the three suits, the basis of claim is the same as has been shown in Schedules 'Ka' and 'Kha' of each suit.