UNION OF INDIA Vs. HANUMAN PRASAD AGARWALLA

JUDGEMENT

(1.) This is an appeal from the appellate decree passed by the Additional District Judge at Gauhati in Money Appeal No. 16 of 1976 dismissing the appeal from the decree passed by the Assistant District Judge Barpeta in Money Suit No. 4 of 1970.

(2.) Facts-The plaintiff, who is a registered railway contractor, entered into a contract with the defendant (NF Railway) under an agreement dated 26-3-1964 for the construction of a railway workshop. The defendant supplied 20,24,704 bricks to the plaintiff. At the relevant time, the cost of brick was Rs. 85.00 per thousand. The bricks were to be removed by the plaintiff from 20 wagons within 6 hours. In the course of unloading the wagons, 1,07,810 bricks were broken. The said 1,07,810 broken bricks were taken by the defendant for other railway works. The cost of the brick-bats was assessed at Rs. 65.00 per thousand and it was stipulated that the plaintiff would be paid for those brick-bats at that rate. Thereafter, the defendant supplied the plaintiff with additional bricks 1,07,810 in number. The cost of the 1,07,810 bricks was Rs. 9,163.85. In die final bill, the Railway claimed the sum of Rs. 9,163,85 as recoverable from the plaintiff under the agreement and final bill has passed accordingly. The plaintiff therefore claimed Rs. 9,163.85 and interest of Rs. 2,749.20. The trial Court decreed the suit. On appeal, the lower appellate Court dismissed the appeal. Hence this appeal.

(3.) Mr. B. Sarma, the learned counsel for the appellant, has submitted that the plaintiff-respondent is not entitled to claim die amount as he has signed "No Claim" certificate in favour of the Railway.