ASSAM STATE CO-OPERATIVE MARKETING AND CONSUMERS FEDERATION LTD. Vs. FOOD CORPORATION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Md. M.H. Rajbarbhuiyan, learned counsel for the Appellant. Also heard Mr. S.K. Chakraborty, learned counsel for the Respondents.

(2.) This appeal is preferred by the plaintiff against the judgment and decree dated 08.02.2005, passed by the learned Civil Judge (Senior Division), Nagaon in Title Appeal No. 18/2004 affirming the judgment and decree dated 09.02.2004, passed by the learned Civil Judge (Junior Division) No. 1, Nagaon in Title Suit No. 48/2000.

(3.) The appellant, Assam State Co-operative Marketing and Consumers Federation Ltd., a Co-operative Institution registered under the Co-operative Societies Act, 1949 filed a suit against the Food Corporation of India and its functionaries praying for a declaration that Office Memorandum No. S&S/DIF/Cost/97-2000 dated 02.05.2000 is illegal and inoperative, permanent injunction restraining the defendants from recovering the differential cost as mentioned in the aforesaid Memorandum and not to give effect to the Memorandum No. S&S/Dif.Cost/97-98 dated 19.05.2000.