BHUNA CO Vs. FAKIR CHAND AND ANOTHER

JUDGEMENT

(1.) - This is appeal against the judgment passed by Additional District Judge, Fatehabad decreeing the suit of respondent-plaintiff for recovery of Rs. 47834/- with pendente lite and future interest @ 12% per annum.

(2.) Respondent-plaintiff Fakir Chand filed suit for recovery of Rs. 41,816/-, with interest, from appellant-defendant No.1 with the plea that plaintiff firm sold wheat worth Rs. 38,93,544/- to the defendant, out of which payment of Rs. 38,51,528.00 was made and the remaining amount of Rs. 41,816/- remained due towards appellant-defendant No.1. A notice was given to defendant No.1 through counsel and in reply to the notice, it was alleged that 44 quintals 72 kilograms 715 grams of wheat was found short on check weighment. Plaintiff alleged that the wheat was weighed loaded in transport vehicle and delivery of the same was handed over to the defendants in the presence of its employees. Any shortage that has occurred during transit or at storage point is not responsibility of the plaintiff.

(3.) Appellant-defendant contested the claim of plaintiff inter-alia pleading and the sum of Rs. 41,816/- was deducted from the amount payable to plaintiff on account of shortage. After lifting the wheat from sale point and its weighment at weighing scale (Dharamkanta), 44 quintals, 72 kilograms 715 grams of wheat was found short. A letter was circulated to all the commission agents to ensure the supply of quality grain, fully clean with proper standardisation of required wheat upto the point of receipt of procuring agencies, as such plaintiff was liable for shortage in wheat supplied.