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2013 Supreme(Chh) 288

P.SAM KOSHY
PREMIER ROAD CARRIERS – Appellant
Versus
CHHATTISGARH STATE ELECTRICITY BOARD – Respondent


Advocates:
Advocate Appeared
Shri B.P. Sharma, Advocate, for the Applicant.
Shri B.P. Gupta, Advocate, for the Respondent.

JUDGMENT

1. Through the instant civil revision the applicant has assailed the order dated 11.12.2003 passed by Additional District Judge, Korba in Execution Case No.24-B/91 whereby the Court below has rejected the application filed by the applicant objecting the execution proceedings initiated by the respondent on the ground that the respondent was not in fact the decree holder and therefore the said decree which is sought to be executed by the respondent is an unexecutable decree.

2. Brief facts leading to the filing of the revision is that under the erstwhile state of Madhya Pradesh, the Madhya Pradesh Electricity Board (for short 'MPEB') has filed the Civil Suit against the applicant for the transaction between the parties in respect of consignment of a machine booked by M/s Pennwalt India Ltd., Mumbai for delivery at Korba (now in C.G.). The respondent/Board's contention in the trial Court was that there was default on the part of the applicant/transporter in not delivering the goods at Korba, the consignment was to upload at Korba not Nagpur and when request was made on behalf of the respondent/Board to deliver the consignment at Korba, the applicant company sought for extra fre











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