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2000 Supreme(Kar) 745

M.F.SALDANHA
Karnataka Power Corporation Limited – Appellant
Versus
Shaik Basha Transport and Civil Contractor – Respondent


Advocates:
Advocate Appeared:
Mr. Dhyan Chinnappa, K.G. Raghavan, P. Ramachandra Rao Advs., for the Appellant.
Mr. S.M. Hegde, for the Respondent.

JUDGMENT

M.F. Saldanha, J.—This appeal which has been preferred by the Karnataka Power Corporation Limited is directed against certain parts of the order passed by the trial Court effectively decreeing the Plaintiff's suit. A few broad features of the case require to be stated. The Plaintiff was the Proprietor of a Transport Company by the name of M/s. Shaik Basha Transport and Civil Contractor, Raichur. The contract in question pertains to the transport of a consignment of steel of approximately 1,500 metric tons from Ambewadi Stores in Karnataka to the project site in Raichur District. The dispute is within a narrow compass in so far as there is no doubt about the fact that the contract was awarded to the Plaintiff on 18.1.1982, that it was valid for two months and that by 12.3.1982 the Plaintiff had already transported the bulk of the consignment leaving only a small portion of 370.560 MT. On 12.3.1982 he received a one sentence termination letter asking him to stop transporting the rest of the consignment. That letter is Ex.P-2 and does not set out any reasons or grounds. The Plaintiff replied that letter five days later pointing out that the action had been abrupt that it was u











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