PRANAB KUMAR SAHA Vs. FOOD CORPORATION OF INDIA
HIGH COURT TRIPURA
PRANAB KUMAR SAHA
FOOD CORPORATION OF INDIA
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TALAPATRA, J. -
(1.) By means of this appeal, the judgment dated 10.07.2012 delivered in Money Suit No.127 of 1997 has been challenged by the defendant. To be noted at the outset that pursuant to the said judgment dated 10.07.2012, this suit has been decreed for realizing a sum of Rs. 26,24,403.20/- from the appellant as for his breach of the contract, the respondents have claimed to have suffered loss to that extent. Initially, the suit was dismissed by the judgment and decree dated 22.09.2000 by the trial court, the Civil Judge, Senior Division, Court No.2, Agartala, West Tripura.
(2.) The respondents being aggrieved filed an appeal being RFA 06 of 2001 to the Gauhati High Court and by the common judgment dated 05.05.2006, the appeal was partly allowed and the suit was remanded for fresh adjudication in the following terms:
"15. In the facts and circumstances of the case, as narrated above, and having regard to the respective claim canvassed in the suits, we feel that it would be appropriate to remit the case to the learned Trial Court for decision afresh after giving the parties a chance to adduce further evidence-both oral and documentary.
16. For reasons above, we allow both the appeals and set aside the common judgment and decree dated 22nd September, 2000 and remit the matter back to the learned Trial Judge for decision afresh within a period of three months from the day of appearance of the parties before him after giving adequate opportunities to both the parties to adduce fresh evidence as indicated above."
In terms of the said direction delivered in RFA 06 of 2001, the impugned judgment has been delivered by the trial court allowing the suit. Being aggrieved, the defendant has filed this appeal.
(3.) The plaintiff-respondents filed the suit for recovery of damage/loss amounting to Rs. 26,24,403.20/- for breach of contract under clause-X(b) of the agreement dated 29.11.1994. The pleaded case as emerges is that in response to the notice inviting tender dated 21.07.1994 floated by the plaintiff-respondent No.1 for engaging the transporting contractors for carrying food grains etc. under Public Distribution System from Rail Head/F.S.D., Dharmanagar to Agartala for a period of two years. The defendant-appellant participated in the said process and he was found the lowest tenderer. As a result, he was given the contract for the said work.;
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