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2011 Supreme(Gau) 182

IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
Anima Hazarika and C.R. Sarma, JJ.
The Commissioner Cum Secretary, Department, The Chief Engineer (Power), Eastern Electrical Zone, Department of Power, Govt., The Superintendent Engineer (Power), A.P. Electrical Department of Power, and The Executive Engineer Deomali Electric Division, Department of Power – Appellants
Vs.
T.C. Syndicate, A Proprietorship firm situated represented by its Proprietor Sri Tapio Charu, S/o Sri Charu Talla – Respondent
RFA No. 07 of 2009, [Alongwith RFA No. 08, 09, 10, 11, 12 and 13 of 2009]
Decided On: 03.03.2011

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: D. Mozumdar, Adv.
For Respondents/Defendant: G.N. Sahewalla, Sr. Adv.

Headnote:

Code of Civil Procedure ,1908 - Sections 80, 79 and Order 27 Rule 3 and 5A of and 96 - Proper scrutiny - Money Suits - Appeals, involve similar question of law and facts and parties are represented by same set of Advocates - Suits, which have given rise to these appeals, have been filed by same power of attorney holder on behalf of Plaintiffs - Therefore, for sake of convenience and as agreed to by learned Counsel, appearing for both parties, we prefer to dispose of these appeals by this common judgment and order – Held, appeals, requiring interference with impugned judgments and decrees - Accordingly, these appeals are allowed on contest and impugned judgments and decrees, as indicated above, passed in Money Suit are set aside and quashed - Consequently, all Money Suits stand dismissed - No costs - Appeal allowed

JUDGMENT

C.R. Sarma, J.

1. The above mentioned seven appeals, involve similar question of law and facts and the parties are represented by the same set of Advocates. The suits, which have given rise to these appeals, have been filed by the same power of attorney holder on behalf of the Plaintiffs. Therefore, for the sake of convenience and as agreed to by the learned Counsel, appearing for both the parties, we prefer to dispose of these appeals by this common judgment and order.

2. The respective Respondents, who instituted the Money Suit Nos. 2 of 2008, 3 of 208, 4 of 2008, 5 of 2008, 6 of 2008, 7 of 2008 and 8 of 2008 for recovery of money from the Appellants, are the sole proprietorial firms, represented by their Proprietors, as indicated below:

(i) M/s T.C. Syndicate, represented by its sole proprietor, namely, Sri Tapio Charu, which is the Respondent in RFA No. 07 of 2009, instituted the Money Suit No. 02 of 2008 in the Court of the learned Deputy Commissioner cum District Judge, Khonsa, Tirap, Arunachal Pradesh, against the Appellants, seeking realization of Rs.16,59,736/- being the principal amount and interest thereon, towards supply of electrical goods to the Appellant No. 4 on the basis of the work order issued by the said Appellants.

(ii) M/s D.L. Enterprise, represented by its sole proprietor, namely, Sri Tapio Charu, which is the Respondent in RFA No. 08 of 2009, instituted the Money Suit No. 03 of 2008 in the Court of the learned Deputy Commissioner cum District Judge, Khonsa, Tirap, Arunachal Pradesh, against the appellants seeking realization of Rs.24,05,109/-, being the principal amount and interest thereon, towards supply of electrical goods to the Appellant No. 4 on the basis of the work order issued by the later.

(iii) M/s Shaman Enterprise, represented by its sole proprietor, namely, Sri Vincent Tongluk, which is the Respondent in RFA No. 09 of 2009, instituted the Money Suit No. 04 of 2008 in the Court of the learned Deputy Commissioner cum District Judge, Khonsa, Tirap, Arunachal Pradesh, against the appellants, seeking realization of Rs.17,17,961/-, being the principal amount and interest thereon, towards supply of electrical goods to the Appellant No. 4 on the basis of the work order issued by the later.

(iv) M/s Cho-Te Enterprise, represented by its sole proprietor, namely, Smti Ngunkhaw Ngandam, which is the Respondent in RFA No. 10 of 2009, instituted the Money Suit No. 05 of 2008 in the Court of the learned Deputy Commissioner cum District Judge, Khonsa, Tirap, Arunachal Pradesh, against the Appellants seeking realization of Rs.13,36,705/-, being the principal amount and interest thereon, towards supply of electrical goods to the Appellant No. 4 on the basis of the work order issued by the later.

(v) M/s K.P. Popo Enterprise, represented by its sole proprietor, namely, Smti Ngunkhaw Ngandam, which is the Respondent in RFA No. 11 of 2009, instituted the Money Suit No. 06 of 2008 in the Court of the learned Deputy Commissioner cum District Judge, Khonsa, Tirap, Arunachal Pradesh, against the Appellants, seeking realization of Rs.27,22,811/-, being the principal amount and interest thereon, towards supply of electrical goods to the Appellant No. 4 on the basis of the work order issued by the later.

(vi) M/s H.C. Agency, represented by its sole proprietor, namely, Master Hage Chanda (minor), which is the Respondent in RFA No. 12 of 2009, instituted the Money Suit No. 07 of 2008 in the Court of the learned Deputy Commissioner cum District Judge, Khonsa, Tirap, Arunachal Pradesh, against the Appellants seeking realization of Rs.20,23,478/-, being the principal amount and interest thereon, towards supply of electrical goods to the Appellant No. 4 on the basis of the work order issued by the later.

(vii) M/s J.S. Enterprise, represented by its sole proprietor, namely, Sri Jathang Sumnyan, which is the Respondent in RFA No. 13 of 2009, instituted the Money Suit No. 08 of 2008 in the Court of the learned Deputy Commis































































































































































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