SHOBHA DEVI Vs. RAM BHAJAN MEENA

JUDGEMENT

(1.) The present appeal has been preferred by the State against the judgment and decree dtd. 7/9/2019 passed by the Commercial Court, Udaipur (hereinafter referred to as 'the learned Court below') in Case No.06/2018 (CIS No.30/2018) whereby the suit for recovery as preferred by the plaintiff - firm has been decreed for an amount of Rs.31,45,500.00 with interest @ 9% per annum. Vide the judgment, defendants No.1 to 3 i.e. Forest Department of the State has been directed to pay the decreetal amount to the plaintiff through defendants No.4 & 5 i.e. Rajasthan State Seeds Corporation Limited (RSSCL).

(2.) The plaintiff firm preferred the suit with the averments that an agreement for supply of Vegetables Seeds Kits was entered into between the plaintiff - firm and defendant No.4 - Corporation (RSSCL) in the month of June 2007. The agreement initially was to expire on 31/3/2008 but was extended further for a period of 6 months i.e. till September 2008. It was the arrangement between the State and the RSSCL that the Forest Department would, on requirement, direct the RSSCL to arrange for the Vegetables Seeds Kits and the RSSCL in response, would lay order with the plaintiff - firm. The bills as raised by the plaintiff - firm were to be paid by the RSSCL after the amount being received by the State.

(3.) The Forest Department, vide its letter dtd. 19/9/2008, directed RSSCL to arrange for 1500 combination no.7 Vegetables Seeds Kits and 1500 Combination No.40 Vegetables Seeds Kits to be distributed to the farmers in range Siwana. The order qua the same was laid by RSSCL in pursuance thereof and vide challan dtd. 7/10/2008, the said kits were delivered by the plaintiff - firm at Udaipur office of RSSCL. After receipt at Udaipur office, the said kits were sent by RSSCL to Barmer office of the Forest Department. The samples were even sent to Laboratory at Chittorgarh and vide report dtd. 3/12/2008, the said samples were found to be of the prescribed standards.