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2022 Supreme(Chh) 347

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Producin Pvt. Ltd. – Appellant
Versus
Chhattisgarh State Minor Forest Produce (T And D) Cooperative Federation Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Manoj Paranjpe, Advocate along with Shri Ankit Singhal, Advocate
For the Respondents: Shri A.S. Kachchwaha, Shri DC Verma, GA

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The instant appeal is against the judgment and decree dated 31.10.2017, wherein the suit for refund of security deposit pursuant to an agreement entered into in between the appellant & respondent was dismissed.

2. (a) The case of the appellant, in short, is that the Sal seed which is produced in the forest of Chhattisgarh has been notified as Minor Forest Produce and in order to collect the Sal seeds from the forest, the respondent was appointed as an agent on behalf of the government. In the year 2009 the notice inviting tender was issued on 02.03.2009 vide Ex. P-1C. The subject issue in the suit was with respect to Udanti Forest leaving apart the sanctuary part. It is the case of the appellant that federation issued the guidelines on 13.03.2009 in the background of the fact that certain parts of the Chhattisgarh forest which produce Sal seeds are adjacent to the neighboring State i.e. Jharkhand & Odisha and the quality of Sal seed procured from those states as compared to Chhattigarh forest are inferior besides this there is huge difference in the purchase price. Therefore, there would be all possibility that the Sal seed would be imported/smug

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