JUDGMENT :

(Goutam Bhaduri, J.) :

Heard.

1. Instant appeal is against the judgement and decree dated 27/10/2021 passed by the First Additional District Judge, Korba, District Korba in Civil Suit No.25A/2015. The appellant/plaintiff filed a suit for declaratory relief that a direction be issued that Rs.29,42,035 and 86 paise has been illegally recovered and has been withheld in respect of the bill to be paid from 16/07/2015 to 28/07/2015. Admittedly, as per the pleading, the appellant/plaintiff, who is a registered company, was granted a transportation contract by the SECL by Ex.P-2 in April, 2012 for a period from 28/11/2011 to 27/11/2016 and the coal was transported and the plaintiff/appellant was paid an amount of Rs.2,62,15,181.78 paise in lieu of the transportation made from period of 1st October, 2013 to 31/03/2014. Subsequently, the respondent served a letter to the plaintiff stating that excess payment was made in lieu of the transport, therefore as per the contract an amount of Rs.29,42,035.86 paise was a recoverable sum. The plaintiff averred that while the transportation was made it was cross-checked and verified by the SECL officers and the weightment bridge fortifies the