HINDUSTAN STEEL LIMITED Vs. SECRETARY CUM COMMISSIONER WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is a defendant in Money Suit No. 7 of 1996, which was filed by the plaintiffs-opposite parties in the Court of the learned Subordinate Judge-l, Supaul for realisation of certain amounts from the defendant. The petitioner is aggrieved by order dated 25.3.2000 passed in the aforesaid suit, by which the learned Subordinate Judge I, Supaul rejected the defendant's petition for returning the plaint to the plaintiffs after holding that the suit was not maintainable at Supaul.

(3.) The contention of the learned counsel for the petitioner is that the defendant-petitioner is a Government of India Enterprise having its office at Calcutta and its branch offices at Dhanbad and Patna. He further contends that an order was placed by the Director, Purchase and Transport, Government of Bihar to the defendant in 1973 for supply of 4,600 metric tonnes steel sheet piles, out of which 1200 metric tonnes was for Supaul as detailed in the plaint. It was further stated that in 1976 also order was placed for supply of 375 metric tonnes of steel rods for Supaul. He further claimed that the said suit was filed for a money decree with respect to short supply of 133.038 metric tonnes regarding the first order of 1973 and 36.100 metric tonnes with regard to second order of 1976 and hence a money decree of Rs. 23,32,097.10 was claimed alongwith some cost etc.