GANGANAGAR SUGAR MILLS LTD Vs. MADANLAL RAMSWAROOP

JUDGEMENT

(1.) THIS is defendants' appeal against the judgment and decree passed by the Addl. District Judge No.1 Sri Ganganagar on 28.10.87 by which the plaintiff's suit for recovering Rs. 19105/ - was decreed with costs. Interest @ 10% since the date of filing of the suit until recovery was also awarded.

(2.) THE plaintiff -respondent is a registered firm dealing in sugar and other provision. The appellant -defendant no.1 is a Company registered under the Companies Act and is engaged in manufacturing the sugar and the sugar is sold to the licence -holders. Defendant No.2 is the part of defendant no. 1 who is alleged to have sold the sugar at fair price to employees of defendant no. 1 Company and is not a separate entity.

(3.) THE defendants denied the claim of the petitioner inter alia on the ground that defendant no.2 had independent licence. The defendant no.1 has not entered into any transaction of the sale with the plaintiff. The defendant no.2 has sold the sugar to defendant no.1 and the defendant no.2, who had sold the sugar in question to the plaintiff at Rs. 285.15 paisa per quintal was not under an obligation to sell the sugar at Rs. 268/ - per quintal to the plaintiff. Therefore, it was alleged, that sale by defendant No.2 to plaintiff was not in breach of the Control Order. The allegations that the defendant No.2 was only a front of defendant no. 1 was denied.