Ajoy Nath Ray, J. - (1.)This is an appeal from a decree dated the 30th of July, 2001 accompanied by the judgment of the same date whereby the Court below granted reliefs to the plaintiff of substantially two kinds. First, the plaintiffs bus which had been entrusted with the appellant/defendant for repair was directed to be returned and secondly, 3,000.00 rupees per day was directed to be paid as damages by way of loss of profit from 3.3.93 until payment.
(2.)The facts of the case are not very complicated. On or about the 22nd of Feb., 1993, the plaintiff delivered his bus to the Siliguri Works Office of the appellant for overhauling of the engine. The overhauling was to be completed and the bus returned on 2.3.93. The charges would be intimated along with return of the bus.
(3.)The plaintiff found on the appointed date that the appellant's office was under a lockout and he could not get delivery.
;