Himachal Pradesh High Court
Mahesh Edible Oil Industries Ltd. vs . H.P. State Civil Supplies Corporation ... on 16 November, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Mahesh Edible Oil Industries Ltd. Vs. H.P. State Civil Supplies Corporation Ltd.
Civil Suit No. 10 of 2021 16.11.2022 Present: M/s Y.P. Sood and Parveen Kumar, Advocates, for .
the plaintiff.
Mr. Tarun K. Sharma, Advocate, for the defendant.
On the basis of pleadings of the parties, the following issues are framed:-
"1. Whether the defendant has illegally and wrongly forfeited the security amount of Rs.50.00 lac (Rupees Fifty Lac) and also the amount payable to the plaintiff on account of supply of Mustard Oil in violation of the terms and conditions of the contract entered into between the parties, as alleged? OPP.
2. If Issue No. 1 is proved in affirmative, whether the plaintiff is entitled for recovery of suit amount alongwith interest? OPP.
3. Whether the suit is not maintainable being based on wrong, false and distorted facts, as alleged? OPD.
4. Whether the plaintiff has violated the terms and conditions of tender for supply of Mustard Oil which was found to be substandard on analysis, as alleged? OPD.
5. Whether the plaintiff has not approached the Court with clean hand, misrepresented and suppressed correct facts, as alleged? OPD.
6. Whether the plaintiff is estopped to file the present suit on account of his own acts, conduct and acquiescence, as alleged? OPD.::: Downloaded on - 16/11/2022 20:36:03 :::CIS
7. Whether the suit is not properly valued for the purpose of Court fee and jurisdiction? OPD.
.
8. Whether the defendant is entitled for special costs under Section 35-A of the Code of Civil Procedure? OPD.
9. Relief."
Issues read over and explained to learned counsel for the parties. No other issue arises or prayed to be framed. Now, the matter be listed for recording the evidence of plaintiff on a date to be fixed by the Additional Registrar (Judicial). Steps be taken within two weeks.
(Ajay Mohan Goel) Judge November 16, 2022 (bhupender) ::: Downloaded on - 16/11/2022 20:36:03 :::CIS