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2024 Supreme(Guj) 662

DEVAN M. DESAI
Food Corporation Of India – Appellant
Versus
Sadhana Transport Co. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS ARCHANA U AMIN

JUDGMENT :

1. Heard learned advocate Ms. Archana Amin for the appellant. Though served, none appeared for the respondent/s. Perused the record.

2. This appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as `the Code’), whereby, a challenge is made against the judgment and order dated 30.3.2002 passed by the learned Civil Judge (Senior Division), Nadiad in Special Civil Suit No.59 of 1996.

3. The facts in brief are as under:

    * The appellant – original plaintiff filed a Special Civil Suit No.59 of 1996 before the learned Senior Civil Judge, Nadiad for recovery of Rs.15,54,588-84 Paisa towards damages from the respondent – original defendant. The defendant no.1 was a successful bidder and a contract was entered into for transfer of food products and fertilizers from Nadiad Railway Station to Hatani and Sundhana. A security deposit of Rs.60,000/- was deposited with the plaintiff. The period of contract was for 2 years commencing from 18.6.1985 to 17.6.1987. The period of contract was extended upto 11.8.1987. The defendant started transporting from 18.6.1985 but thereafter, the defendants failed to perform their part of contract. Result

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