SHANKARLAL JHAWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 14.11.2007, passed by the learned Civil Judge (Sr. Div.) No. 2, Guwahati, in Money Suit No. 72/2004.

(2.) The Plaintiff's case in brief, may be stated as follows:

(3.) The Defendants contested the suit, by filing written statement. In their written statement, the Defendants contended, inter alia, that the suit was not maintainable on facts and law and also for non-service of notice under Section 80 of Code of Civil Procedure. Admitting the Plaintiff's claim, regarding existence of a contract and the supply of ration items by the Plaintiff to the Defendant No. 3 for the period from June, 2001 to May, 2002 as per the conditions laid down in the supply order, the Defendants averred that, against the supply of dry ration for the month of June, 2001 to Augus, 2001, an amount of Rs. 12,03,430/- was paid by the Defendant No. 3 to M/s Manoj Enterprises, Chatribari, Guwahati by Govt. Draft No. 007273, dated 4.12.01, which was received by one Shri S.R. Bagree, on behalf of M/s Manoj Enterprises on 4.12.01, and that again payments of Rs. 18,05,982/- and Rs. 13,20,388/-, towards supply of dry ration for the months of September, 2001 to March, 2002, were also made by the Defendant No. 3 in favour of the M/s Manoj Enterprises, vide Pay Cheque No. 37 dated 30.2.02 and Pay Cheque No. 59 dated 29.6.02 and that the said payment was received by one Prahlad Singh Tanwar, on behalf of M/s Manoj Enterprises. It is contended by the Defendants, in their written statement, that the payment in respect of the bills for the month of April, 2002 and May, 2002 were held up on the basis of the letter No. S/V III-101/1999-2000/Pt/143 dated Guwahati the 1st March, 2003, issued by Defendant No. 2 thereby directing the Defendant No. 3 not to release any payment to the Plaintiff for the period from April, 2002 to May, 2002, due to the latter's involvement in forgery. It is stated, in the written statement, that due to involvement of the Plaintiff in forgery and production of false documents regarding Sales Tax Registration Certificate, at the time of submitting the tender paper for obtaining the supply order, a FIR was lodged by the Deputy Superintendent of Police, CID, Assam and that CID P.S. Case No. 18/04, under Section 420/468/471 IPC, was registered against the Plaintiff. According to Defendants, the payment for supply of dry ration for remaining two months i.e. April, 2002 and May, 2002, amounting to Rs. 8,60,977/- was held up by the Assam Police HQRs. for involvement of the Plaintiff in forgery and production of false documents regarding AGST registration certificate.