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2003 Supreme(AP) 1345

B.PRAKASH RAO, S.R.K.PRASAD
Jas Raj Ganeshmal, Wholesale Ghee Merchant and Commission Agent – Appellant
Versus
A. P. Dairy Development Co-operative Federation Ltd. , Hyderabad – Respondent


B. PRAKASH RAO, J.

( 1 ) HEARD Sri M. P. Ugle, the learned counsel for the appellant. Though served, none appeared on behalf of the respondent.

( 2 ) UNSUCCESSFUL plaintiff is the appellant herein, who is aggrieved against the judgment and Decree in O. S. No. 89 of 1984 dated 29-8-1992 on the file of II Additional judge, City Civil Court, Hyderabad dismissing the suit filed for recovery amounts towards the security Deposit of rs. 2,17,96-51 ps and damages of rs. 17,136/- with future interest.

( 3 ) BRIEFLY the case of the plaintiff, before the court below, is that it has been appointed as the authorised dealer on behalf of the defendant for selling the goods namely, vijaja Ghee in the State of Rajasthan. Accordingly, there had been supply of the goods, for which the plaintiff gave security deposit. However, the Ghee supplied was found in reddish colour and not saleable. The quality of goods was inferior with bad smell. Therefore, the plaintiff protested with the defendant. After long dealings and correspondence, the defendant sought to cancel the contract and forfeit the amount, which action is illegal.

( 4 ) CONTESTING the suit claim, the defendant, denied the allegation on the











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