Document Fragment View
Fragment Information
Showing contexts for: shortage in wheat in M/S. Vijay Pal Bhisham Singh vs Food Corporation Of India on 18 May, 2011Matching Fragments
Defendant M/s. Vijay Pal Bhisham Singh being successful in the trial court but partly unsuccessful in the lower appellate court has filed the instant second appeal.
Respondent-plaintiff Food Corporation of India (FCI) filed suit against defendant-appellant for recovery of Rs.1,00,520.03. It is undisputed that defendant was transport contractor for wheat of FCI from Haryana to Uttar Pradesh and Rajasthan. Plaintiff's case is that in the consignments transported by the defendant, shortage of 43 full bags of wheat and partial shortage of 267.47 quintals wheat was found. Plaintiff claimed amount of the said short quantity of wheat.
Defendant controverted the plaint averments and pleaded that there was no shortage of wheat. It was also pleaded that some shortages have been written off by District Manager of FCI. It was also alleged that consignment as a whole has not been taken into consideration by the FCI and if gains and losses are both taken into consideration, there was no shortage. Various other pleas were also raised.
Learned Civil Judge (Junior Division), Palwal vide judgment and decree dated 17.09.1998 dismissed the plaintiff's suit. However, first appeal preferred by the plaintiff has been allowed partly by Additional District Judge, Faridabad vide judgment and decree dated 14.09.2006 and thereby plaintiff's suit has been decreed partly for recovery of money on account of shortage of 43 full bags of wheat and 56.02 quintals of wheat being partial shortage. Feeling aggrieved, defendant has preferred the instant second appeal.
Lower appellate court has examined the evidence in minute detail and has come to conclusion that in addition to 43 full bags of wheat, there was shortage of 56.02 quintals wheat only as against plaintiff's claim of shortage of 267.47 quintals of wheat. The said finding is based on documents furnished by both the parties. Gains in some consignments have also been taken into consideration by the lower appellate court to arrive at the said shortage.
Learned counsel for the appellant also contended that shortage of 43 bags was satisfied because 43 bags were supplied later on by the defendant to the plaintiff. However, defendant had no right to supply the short bags of wheat later on as per tender conditions and agreement.