LAWS(HPH)-2006-11-12

CHAIRMAN-CUM-MANAGING DIRECTOR Vs. HARI CHAND

Decided On November 01, 2006
CHAIRMAN-CUM-MANAGING DIRECTOR Appellant
V/S
HARI CHAND Respondents

JUDGEMENT

(1.) A letter dated 8th August, 2005 issued by the Manager, H.P. Ex-servicemen Corporation, Camp Office, Barmana, District Bilaspur and addressed to the respondent-plaintiff gave rise to a cause of action to him to file a suit for declaration with consequential relief for permanent injunction. For ready reference, the text of the letter is reproduced hereunder, which reads thus:-

(2.) IT is the common case of the parties that the respondent-plaintiff owns two trucks bearing registration Nos. HP-24-3510 and HP-24-5510. It is also the common case of the parties that truck No.HP- 24-5510 was not involved in any incident and that it is the alleged involvement of only truck No.HP-24- 3510 based upon which the aforesaid impugned action of black listing of both the trucks was taken and carried out by the petitioners-defendants.

(3.) IT was no part of any allegation by the petitioners that the plaintiff-respondent was in any way involved with the aforesaid unsavory incident. The tone and tenor of the letters issued by the petitioners as well as ACC pointed out only to the acts of omission and commission allegedly committed by the driver of truck No.HP-24-3510 and none by the plaintiff-respondent.