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1978 Supreme(Cal) 144

M.M.DUTT, D.C.CHAKRAVORTI
Food Corporation of India – Appellant
Versus
Birendra Nath Dhar – Respondent


Advocates Appeared:
Saktinath Mukherjee and D.P. Mukherjee, for Petitioner; Kanak Ghose for Opposite Party.

Judgement

M.M. DUTT, J. :- This Rule is directed against order No. 57 dated Jan. 13, 1977 of the Subordinate Judge, 1st Court, Alipore, directing the defendant-petitioner, the Food Corporation of India, to produce certain documents for the inspection of the plaintiff-opposite party.

2. The suit out of which this Rule arises has been instituted by the opposite party, praying for a decree for Rs. 96,880.34 with interest at 12% per annum. The case of the opposite party is that he was appointed by the petitioner as a transport contractor to carry foodstuffs by boat to different places within the district of 24-Par-ganas and the neighbouring districts of West Bengal, from the railway sidings to food depots. According to the movement orders given by the authorities of the Food Corporation of India, goods were being carried by the opposite party from one place to another and bills were being handed over to the representatives concerned. They were accepted for payment after verification. It is alleged that after final adjustment of the running account as on July 12, 1971, the petitioner is liable to pay a balance sum of Rs. 96,880.34. As the petitioner had failed to make the payment, the opp























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