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4. It is the plaint ease that such quotation was issued by the Appellant for supply of the aforesaid items in Malbazar, Moinaguri, Falacata, Majirahat and Alipurduar.

5. The plaint case is that the offer of the Plaintiff/respondent was accepted by the Appellant and such acceptance is communicated by a Memo dated 10-10-1994 and the Plaintiff was requested to supply 62500 numbers of seed-coconut of East-Coast Tall Variety within fifteen days.

6. It is also the plaint case that an agreement was executed which was kept in the office of the Appellant Npo.2 and the Plain-tiff/respondent was informed by the Appellant that the security would be deducted from his bill @ 5 per cent as guarantee for 80% germination of the seed-coconut. The said order of supply was subsequently modified and the Plaintiff/respondent was requested to supply 37500 numbers of seed-coconut to Alipurduar and 25000 numbers of seed-coconut the Sub-Assistant Engineer. Moinaguri.

7. The plaint case is that in compliance with the said direction, the plaintiff supplied 37500 numbers of seed-coconut to Alipurduar along with 2500 numbers of seed-coconut to the Sub-Assistant Engineer, Moinaguri. But, the said Sub- Assistant Engineer, Moinaguri received only 20250 numbers of seed-coconut and returned 4750 number of seeds stating that the Defendants have no space for plantation of the seeds and, accordingly, the Plaintiff had lo take back 4750 numbers of seeds to his Nursery and those seeds were ultimately damaged and became unusable.

8. The plaint case is that a bill was submitted to the Appellant for the supply of 37500 number of seed-coconut, which were supplied at Alipurduar and the said bill was received on 16-11-1994 by the Sub-Assistant Engineer. Alipurduar.

9. It is also admitted that against the said bill, the plaintiff was paid an amount of Rs. 2,67.000/- after deducting 5 per cent of the bill amounting to Rs. 14,062/- as security for germination.

10. The plaint case is that the Plaintiff/ respondent submitted a further bill for Rs. 1,31.625/- against delivery of 20250 seed-coconut for Maynaguri. But, against that, the Defendant paid a sum of Rs. 75,895/-leaving a balance of Rs. 55,730/-.

11. The further plaint case is that such deduction of the bill amount is without any basis and that if the Plaintiff/respondent was allowed to supply the contracted quantity of seed-coconut and seed-aricanut, the total value of the supplies would have been Rs, 20,30,000/-. Out of that, the Plaintiff/ respondent could only supply seeds worth Rs. 3,98,800/- at Alipurduar and Maynaguri and seeds worth Rs. 30,875/- were, lost and damaged due to carelessness and negligence of the Appellant.

12. The Plaintiff/respondent further alleged that it suffered a loss of Rs. 16,00,312/- and also suffered a loss of damage @ 15 per cent of the value of the balance supply. The Plaintiff suffered a loss of profit @ 15 per cent of the aforesaid amount. 15 per cent of the aforesaid amount of Rs. 16,00,312/- comes to Rs. 2,40,000/- and the Plaintiff is entitled to be paid the said amount from the Appellant.