R. V. RAVEENDRAN, J.

( 1 ) THIS is a plaintiffs appeal under Section 96 of the CPC against the judgment and decree dated 15-4-1994 in o. s. No. 35 of 1990 on the file of the civil judge, chitradurga. Plaintiff (state trading corporation of India limited) is a company wholly owned by the central government. It is engaged in the business of importing exporting goods of various kinds including sugar, and acts as a canalising agency of government of India for import/export of various goods. In the course of its business, it purchased, among other things, levy sugar from manufacturers for the purpose of export as per release orders issued by the government of India at the levy sugar price notified by the government of india. Defendant is a co-operative society registered under the Karnataka co-operative societies Act, 1959 running a sugar factory at hiriyur. For convenience appellant will also be referred to as the 'plaintiff or 'stc' and respondent will also be referred to as the 'defendant'.

( 2 ) ON 12-8-1983 government of India issued a release order releasing 1,920 metric tonnes of sugar of 1982-83 crushing season (conforming to iss specification) produced by the defendant for expo

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