JUDGMENT :- This Appeal is at the instance of unsuccessful defendant, a registered Co-operative society, challenging the judgment and order dated 14.2.1994 passed in Regular Civil Appeal No.113/1994 arising out of dismissal of Regular Civil Suit No.39/ 1991 by the Court of learned Civil Judge, J.D. Chikhli.

2. The plaintiff had instituted the suit in the Court of learned Civil Judge, J.D. Chikhli, Dist. Buldana, to recover a sum of Rs.15,828/- from the Jijamata Sahakari Sugar factory, on the ground that it was part of its business to supply sugarcane for the purpose of sowing (Bene) to the farmers and to accept sugarcane for the purpose of production of sugar. The plaintiff had, therefore, appointed some trucks for the transportation of sugarcane from the field of farmers to the factory or to supply sugarcane for farmers for sowing purposes. The subordinate office of the defendant society at Chikhli had called tender to appoint trucks pursuant to which the plaintiff was appointed to supply sugarcane for sowing to places like, Mera, Dhad, Utarapeth for a consideration of Rs.350/- per day as the truck charge and the society agreed to bear other charges like diesel, oil etc. within one

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