VIJAI SHREE PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal from the impugned judgment and order dated January 10, 2017 passed by the learned Judge whereby and whereunder the Civil Suit C. S. No. 145 of 2006 (Vijai Shree Limited vs. Union of India and Ors.) was decreed.

(2.) The scope of the present appeal is very limited. The plaintiff/appellant is principally aggrieved to the extent the impugned judgment was held against it that, it would have to replace 288 numbers of damaged gunny Bales in favour of the sixth defendant at its own cost in terms of the warranty within a period of three months of the date of the impugned judgment and only on fulfilling the same it would be entitled to a decree for payment of money withheld by the sixth defendant. Considering the scope of this appeal, as stated above, the relevant facts are stated hereinafter which are not much disputed by the parties as recorded in the impugned judgment.

(3.) The plaintiff carries on business of manufactur ing and trading in various jute products having its jute mill situated at Shibpur, Howrah, West Bengal. At the relevant point of time the jute mill was being run and operated under a scheme sanctioned and approved by the Board For Industrial And Financial Reconstruction (for short, B.I.F.R.)