H P STATE FOREST CORPORATION LTD Vs. JJ ROPEWAYS AND COMPANY

JUDGEMENT

(1.) Plaintiff, Himachal Pradesh State Forest Corporation limited, hereinafter referred to as "the Corporation" is a company, registered under the Companies Act, 1956 at Shimla. Mr. G.C. Gupta is the Managing Director of the Corporation and is duly authorised to maintain the present suit. The plaintiff-Corporation has sued the defendant M/s JJ. Ropeways, hereinafter referred to as "the Company" for recovery of Rs.15,26,431.

(2.) The case of the plaintiff-Corporation is: Defendant-Company, being the successful tenderer, was awarded work of Telescopic and Wet slide floating work of timber in Deor Khat vide an agreement dated 20.2.1991 (Ex. PW-1/A). The work included launching, collecting and stacking of the timber floated at road side depot of the Corporation. The defendant Company was handed over 28195 scants of different sides of timber with total volume of 2599.444 cubic meters for the purpose of floating the timber through Deori Khad. A launching list was also given to the Company.

(3.) The defendant-Company after collecting the timber delivered 28232 scants having a volume of 2439.340 cubic meters against the volume of 2599.444 cubic meters. According to the plaintiff-Corporation, the number of scants are liable to be increased as some of the scants-may break during transit. The volume of timber which was handed over and delivered to the plaintiff-Corporation, fell short by 144.094 cubic meters after deducting permissible loss of 1%, in accordance with the schedule, part of the contract agreement. The plaintiff-Corporation claims Rs.7,28,600, as value of net short fall of the timber.