NARANJAN CHAUHAN Vs. STATE OF H P

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment and decree of the Court of learned single judge, dated 2-3-2000, vide which the suit of the appellant for recovery of the amount was dismissed.

(2.) BRIEFLY stated the facts of the case are that the appellant as plaintiff filed a suit against the respondents, who were impleaded as defendants, for recovery of Rs. 8,50,105/- with interest at the rate of 18% per annum, w. e. f. 1-4-1993 till its payment. The plaintiff alleged that he had partnership concern along with two other persons as its partners, who were engaged in the business of retail sale of Indian made foreign liquor and country made liquor as Excise Licensees. On 16-3-1993, the defendants conducted an auction in respect of excise vends falling under Jubbal and kotkhai Excise Unit. The plaintiff Firm had given the highest bid which was accepted by the defendants. The partners in between them decided as to how the vends should be run. The work of selling the liquor could not be started by the plaintiff due to the objections by the local Panchayat and other inhabitants of the area. The plaintiff approached the authorities including the local police for help to open the liquor vends, which help was not provided and the plaintiff alleged that they suffered loss. They had initially deposited a sum of Rs. 15,15,000/-as security and they were asked to deposit the bid amount in monthly instalments. However, the plaintiff was not allowed to open and carry on the sales of liquor nor any quota of liquor was supplied and the defendants have been demanding interest on the delayed payment. Therefore, the plaintiff claimed the suit amount as damages.

(3.) DEFENDANTS admitted the facts pleaded by the plaintiff, but they also pleaded that there was no lapse on their part and the plaintiff was not absolved from payment of bid money and as such the suit was liable to be dismissed.