MARKET COMMITTEE Vs. GENERAL TRADE SUPPLIES

JUDGEMENT

(1.) THE defendants are in appeal aggrieved against the judgment and decree passed by the courts below arising out of a suit for recovery of Rs. 49,997.60 as balance price of the goods sold; Rs. 2,000/- towards refund of security, Rs. 7,000/- as interest and Rs. 100/- towards notice and sundry charges.

(2.) THE plaintiff is a partnership firm whereas the defendant is a body corporate under the provisions of the Punjab Agricultural Produce Market Act, 1961 (hereinafter referred to as the Act). The plaintiff entered into an agreement duly sealed and signed by the Chairman of the Market Committee for the supply of metallic bins which was conveyed to the plaintiff vide letter dated 23.2.1997. Plaintiff delivered goods worth Rs. 3 lacs covered by the said agreement. Vide another agreement dated 31.3.1977 the plaintiff was asked to supply additional metallic bins worth Rs. 50,000/-. The goods were supplied to the defendant and accepted by it. Plaintiff has been paid a sum of Rs. 3 lacs but the price of additional metallic bins the order of which was placed by the plaintiff vide letter dated 31.3.1977 and thus the plaintiff filed suit for the recovery of Rs. 49,997.60, the actual price thereof, along with recovery of security and interest and misc. expenses. Plaintiff served statutory under Section 31 of the Act. Since the defendant refused to make the payment, the suit was filed.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :-