KISHANLAL PANCH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is Plaintiffs' appeal against Judgment & decree passed by Learned Civil Judge (Senior Division), Puri dismissing Money Suit No. 339 of 1995, a suit for realization of price of goods supplied along with the interest & compensation.

(2.) PLAINTIFFS case is that Plaintiff -Appellant is the Proprietor of M/s. Sagar & Company, Puri a wholesale stationery merchant, commission agent & government order supplier. Pursuant to supply Order Dated 22.12.1990, copies of which have been marked as Exts.3 & 'A', placed by District Adult Education Officer, Puri, Plaintiff supplied 1500 lanterns for Adult Education Centres at Tangi & Daspalla on 05.01.1991 While supplying the lanterns Plaintiff also submitted bills bearing No. 38 dated 04.02.1991 for Rs. 40,500 in the name of Project Officer, Puri at Tangi & No. 46 dated 16.02.1991 for Rs. 40,500 in the name of Project Officer, Daspalla. It had been agreed by the District Adult Education Officer, Puri that payment would be made within seven days from the date of supply of lanterns failing which interest at the commercial rate of 14 % per annum shall be charged on the amount. Receipt of the lanterns was acknowledged in the copy of the challan marked as Ext.2. Despite supply of lanterns & submission of bills no payment was made to the Appellant. In such circumstances, Plaintiff served statutory notice under Section 80 of the Code of Civil Procedure (for the short 'the C.P.C.'), copy of which has been marked as Ext. 1 &, thereafter, filed the suit.

(3.) ON the basis of rival pleadings, the following issues were framed: