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1995 Supreme(AP) 772

B.K.SOMASEKHARA
Vizianagaram Central Consumers Cooperative Stores Ltd – Appellant
Versus
Government Of A. P. , rep. by the Collector – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE judgment and decree of the learned Sub Judge, Vizianagaram (Sri b. Venkateswara Rao) in O. S. No. 15/1980 dated24-3-1982are challenged in this appeal. The author of the suit (plaintiff) and the sufferer of the decision is the appellant. The respondents were the defendants 1 and 2 in the suit. Uncontrovertedly, the fact matrix and the findings recorded may be imprinted in brief:

( 2 ) THE appellant is a Cooperative Society and was a dealer in levy sugar recognised by respondent No. 1. As per the directions of respondent No. 1 the Collectors respondent no. 2 the Food Corporation of India used to release the sugar and the plaintiff used to sell it at the price fixed by the Collector to the consumers at normal rates with the understanding that the difference in the rate should be reimbursed by respondent No. 1. The plaintiff claimed that in pursuance of the same, levy sugar supplied as su h, was sold by investing Rs. 5,00,000/- by borrowing at certain rate of interest and ultimately on the accounts being worked out, the plaintiff had sold the sugar and the difference of rate to be reimbursed was estimated at rs. 27,277. 52. The plaintiff corresponded with















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