- (1.) This is a suit for a decree for Rs. 53,55,381/- and for an enquiry into the damages suffered by the plaintiff. Plaint case in brief is that the plaintiff carries on business of manufacture and trading in various Jute products and has its Jute Mill situated at Shibpur, in the District Howrah, West Bengal. At present the said Jute Mill is being operated in consonance with a sanctioned Scheme approved by the Board of Industrial and Financial Reconstruction.
(2.) On 3rd June, 2003 the Deputy Director of Supplies and Disposals, Kolkata directed the plaintiff to sell 780 bales of B. Twill bags to The Punjab State Co- operative Supply and Marketing Federation Ltd. through the Governor of Punjab providing the details of supply, price, specifications, terms and conditions. Pursuant to the said order, the plaintiff manufactured bags and despatched them by Rail to Sangrur on 23rd June, 2003 and informed the Managing Director, Food Grains, Punjab State Co-operative Supply and Marketing Federation Limited defendant no. 6 herein that they have despatched 390 bales to Sangrur under the relevant Railway receipts and the said goods were received and collected by the said defendant no. 6. Plaintiff received a copy of a letter dated 18/28-7-2003 written by the Director, (QA), Kolkata, addressed to the Chief Manager (Food grains), Punjab State Cooperative Supply and Marketing Federation Ltd. alleging that 390 bales received by the consignee were badly affected by the rain and the Railway Authorities did not accept any remarks on the delivery of the goods. The Pay and Accounts Officer informed the plaintiff that a sum of Rs. 35,85,447/- has been withheld from the bill No. L/78 pending finalization of the case of the recovery due from the plaintiff by a letter dated 12th September, 2003. Plaintiff's specific contention is that full payment against the supply of 390 bales were received and the defendants have withheld payment from Bill No. L/78 which was raised in respect of subsequent supply of bales and such action of the defendants are bad, illegal, arbitrary, discriminatory, unwarranted and unreasonable.
(3.) Defendant no. 6 has contested the suit by filing written statement contending inter alia, that out of the 780 Gunny Bales supplied by the plaintiff, 395 Gunny Bales were found to be in damaged condition affected by rain and the 395 Gunny Bales were segregated from the total number of 780 Gunny Bales for inspection. A joint inspection in presence of Mr. R. S. Pandey, the representative of M/s. Vijai Shree Ltd. was held on 15th November, 2003 and the report reflected that 107 Gunny Bales were found fit for consumption and 288 Gunny Bales were found to be damaged and not fit for consumption.;