- (1.) Present Regular Second Appeal by defendants No.1 to 3 is directed against the concurrent findings of fact recorded by both the Courts below in a suit for recovery of Rs.1,17,72,090/- [Rs.62,18,090/- as Principal amount and Rs.55,54,000/- as interest].
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiff-company filed a suit for recovery on the ground that the it was carrying on business of printing and primarily with the security printing and is recognized by Directorate of Printing, Government of India and also approved by the Reserve Bank of India. In March, 1996, an agreement was arrived at between defendant No.2 and the plaintiff company for printing of lottery tickets for the defendant-State as per the guidelines issued by Hon'ble Supreme Court in Civil Appeal No. 2349 of 1994. Order for printing was issued by Government of Manipur, Directorate of State Lotteries and signed by Joint Director [Lotteries ]. The plaintiff company executed the contract as per requirement. Proper bill was being raised against the work executed by the plaintiff-company and the work continued till July, 1997. There was a running account. After July, 1997, no demand was raised by the defendants and as such the plaintiff company requested the defendants to finalize the complete bills and to release the amount, but the said payment was not made despite demand and notice. The defendants had come with the plea that all the distributors were asked to deposit the amount with the Director Manipur-State Lotteries in Current Saving Account No. 5369, Canara Bank, Jhanakpuri Branch, New Delhi and the plaintiff was not party to the alleged agreement between the sole distributor and stockist concerned and as such, there was no question of the plaintiff to request them to release the amount. As per the plaintiffcompany, since the plaintiff entered into an agreement with Government of Manipur, so the responsibility of making the payment and release the payment was of the State Government, but the payment was not made and as such necessity of suit.;