NARANJAN CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This suit has been filed by Shri Naranjan Chauhan, Plaintiff, against the State of Himachal Pradesh and two other Defendants for the recovery of Rs. 8,50,105/- with interest at the rate of 18 per cent per annum with effect from 1.4.1993 till its payment.

(2.) The case set up by the Plaintiff is that he has been a partnership concern with Plaintiff being a partner alongwith three Ors. , namely, Lokinder Chauhan, Bhagwan Singh and Tarlok Singh as its partners. The firm was engaged in the business of retail sale of Indian Made Foreign Liquor boor and country made liquor as excise licencee.

(3.) It is further stated that on 16.3.1993 the Defendants conducted an auction in respect of excise vends falling in Jubbal and Kotkhai excise unit. The Plaintiff firm had given the highest bid in this auction amounting to Rs. 1,01,00,000/- and the same was accepted by the Defendants. Thereafter the partners of the firm mutually and interse decided as to how the vends falling in Jubbal unit should be run and similarly there was an internal arrangement regarding the excise vends falling in Kotkhai unit. An original agreement witnessing the above internal arrangement between the partners was drawn up in writing and was filed in the office of the Assistant Excise and Taxation Commissioner, Shimla. Necessary entries in this behalf were also made by the Defendants in their concerned record.