MUKUNDA OJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This letters patent appeal is directed against the judgment and order dated 10.4.97 passed by the learned Single Judge of this Court in First Appeal No. 33 of 1990. By the judgment and order under challenge in the present appeal, the learned Single Judge has reversed the judgment and decree dated 22.12.89 passed by the learned Asstt. District Judge, Barpeta in Money Suit No. 11/1988 decreeing the suit of the plaintiff (appellant herein) for an amount of Rs. 1,24,850.00 along with interest thereon @ 6% per annum from the date of filing of the suit.

(2.) The case of the present appellants as plaintiffs in Money Suit No. 11/1988 is that the plaintiffs had hired from the defendants storing space in the cold storage cooling chamber at Howly as per terms and conditions of an agreement dated 11.9.87. According to the plaintiffs, in pursuance of the aforesaid agreement they had deposited, in all 1401 bags of potatoes on different dates in the cold storage cooling chamber let out by the defendants. The further case of the plaintiffs is that the aforesaid potatoes stored in the Cold Storage Chamber was damaged due to gross negligence and carelessness on the part of the defendants. According to the plaintiffs, once goods in question were stored in the Cold Storage, it was the responsibility of the defendants to keep the stored goods in proper condition and there having been a breach of the said obligation, the plaintiffs are entitled to compensation which was quantified in the plaint at Rs. 1,95,650.00. The plaintiffs also claimed interest on the said amount alleged to be due @ 12% per annum.

(3.) The defendants in the suit filed a joint written statement denying the claims of the plaintiffs as set forth in the plaint. The defendants in the suit denied any liability on account of the alleged damage to the stored goods by contending that the damage, if any, was on ;account of power failure and low voltage during such time the power was available. According to the defendants, at the time of execution of agreement by and between the parties, the plaintiffs were informed about the non-availability of standby Generating Sets to ensure uninterrupted power supply and as the plaintiffs had taken the risk of storing goods in such circumstances, the defendants stood absolved of the liability by virtue of Clauses 3 and 7 of the Cold Storage: Order, 1980, which Clauses exonerated the defendants from any responsibility for damage of the goods stored due to circumstances beyond the control of the Management.