THE RAJASTHAN SMALL INDUSTRIES CORP. LTD., UDYOG BHAWAN, TILAK MARG, JAIPUR Vs. M/S MAHESHWARI IMPORT & EXPORT (P) LTD. COMOPANY, KHAITAN BHAWAN, M.I. ROAD, JAIPUR

JUDGEMENT

(1.) THE present appeal has been directed against the judgment and decree dated 26.7.1997 passed by the Additional District Judge No. 7, Jaipur City, Jaipur, in Civil Suit No. 452/1995 directing the present appellant (original -defendant) to pay the amount of earnest money to the respondent -plaintiff with interest @ 12% p.a.

(2.) At the out -set, it may be stated that the present appeal is pending for admission hearing since 1998 till this date mainly as the service to the respondent could not be effected. It is highly unfortunate that the appeal remained pending for 13 years at the admission stage without any progress. It further transpires that ultimately the respondent was sought to be served by substituted service by making publication in the local daily news paper and thereafter no body appears for the respondent.

(3.) THE short facts giving rise to the present appeal are that the respondent plaintiff filed the suit seeking recovery of the earnest money with interest from the appellant -plaintiff, alleging interalia that the appellant had floated a tender notice, in response to which the respondent -plaintiff had submitted the tender for lifting some iron and steel material of the appellant. As a part of condition, the respondent was required to deposit the earnest money of Rs.10,000/ - which the respondent had deposited. However, according to the respondent, the appellant thereafter did not offer the said material for taking delivery and subsequently the appellant forfeited the amount of earnest money. The respondent, therefore, filed a suit seeking recovery of the said earnest money with interest before the trial court. The trial curt after considering the evidence on record decreed the suit of the respondent plaintiff by the impugned judgment and decree. Being aggrieved by the said decree, the appellant defendant has preferred the present appeal.