STATE OF J&K Vs. SHEIKH SONAULLAH

JUDGEMENT

(1.) THE brief facts which have given rise to the present revision, are that the suit came to be filed way back in the year 1987 before this court by the plaintiff for recovery of Rs.54, 183.07 paisa. The said suit seems to have been transferred by this court for trial and disposal to the Court of District Judge, Srinagar on 4th of November 1987 and the Court after registering the case as suit No. 88/87 has summoned the defendants which were: -1) State of Jammu and Kashmir 2) Works Manager, Govt. Transport Undertakings (Now Road Transport Corporation, Srinagar), 3) Superintendent of Police Baramulla. 4) Assessing Authority Sales Tax Circle "B" and Collector Recoveries Sales Tax Srinagar.

(2.) THE respondents having been summoned, respondent No.2 stated and admitted that certain tenders were invited by him for supply of spare parts of motor vehicles and tender of the plaintiff for supply of spare parts was accepted and the rates which were quoted by the plaintiff regarding supply of spare parts were accepted by the respondents No.2 vide their letter No. 93 -94/WE Dt.08 -04 -1972 and accordingly the plaintiff was asked to supply bills for the cost of spare parts to defendant No.3, who had to make payment after bills were required to be verified by the defendant No.2.

(3.) IT is admitted that the plaintiff made supply of spare parts and ultimately amount of Rs. 54,183.07 was with held by the defendant and was not paid to the plaintiff despite demands. It is also averred by the plaintiff that the plaintiff is having their liability towards respondent No.4 and 5 namely Sales Tax Authorities for payment of tax to the extent of Rs. 32,098.45. It was pleaded by the plaintiff that let the decree to the tune of Rs. 22,084.62 and 84,000.62 be passed in favour of the plaintiff and decree of Rs.32098.45 be passed against defendants and in favour of defendant No.4 and 5,