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2024 Supreme(Ker) 310

C. JAYACHANDRAN
State of Kerala – Appellant
Versus
Praveen Kumar T. K. S/o T. K. Vijayan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.P. Sajan.
For the Respondent: A. Komu.

 

1. The petitioners herein are the appellants in Commercial Appeal No. 1/2023 of the District Court, Kozhikode and the defendants in Commercial Suit, C.S. No. 109/2020, of the Commercial Court, Kozhikode. Respondent herein is the plaintiff C.S. No. 109/2020. The petitioners are aggrieved by Exts.P7 and P8 orders of the Principal District Court, Kozhikode. The gist of the facts involved in this case is briefed as below:

 

    The respondent/plaintiff filed Commercial Suit as C.S. 109/2020 before the Commercial Court, Kozhikode for realisation of money. The plaintiff/respondent was the successful bidder in e-auction, for purchase of teakwood, conducted by rd defendant/Divisional Forest Officer, on behalf of the 1st defendant/State of Kerala. An EMD of Rs. 50,000/- was paid by respondent/plaintiff. Besides, a sum of Rs. 3,00,000/- was also paid towards the value of the material. Alleging that further payment was not made within the time, the above referred amount of rupees 3,50,000/- was forfeited by the State, challenging which, the instant suit was filed. The suit was decreed in favour of respondent/plaintiff vide Ext.P3 judgment. Challenging the same, the petitioners/ defendants preferre

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