State of Orissa vs Jagannath Traders

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 282

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
State of Orissa – Appellant
Versus
Jagannath Traders – Respondent

Advocates Appeared:
For the Appellant : Subhashis Pattnaik
For the Respondent: Satyabadi Mantry

Table of Content
1. factual basis of the lawsuit. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. defendants’ contestation of the plaintiff’s claims. (Para 11 , 12 , 13 , 14)
3. court's analysis of the case and claims. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)
4. defendants can’t avoid payment on technicalities. (Para 34 , 35 , 36)
5. final ruling and adjustments to interest. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45)

JUDGMENT :

1. This 2^nd appeal has been preferred against the reversing judgment.

3. The respondent of this 2^nd appeal was the sole plaintiff before the trial court in the suit vide M.S. No.05 of 1997 and he was the appellant before the 1^st appellate court in the 1^st appeal vide M.A. No.02 of 2000.

5. The case of the plaintiff against the defendants as per the averments made in his plaint was that, he (plaintiff) being the sole proprietor of M/s. Jagannath Traders, he was doing the business of grocery items. On 25.11.1988, the plaintiff purchased 100 bags of rice from Sri Gayatri Traders at Berhampur on payment of Rs.32,700/- through proper bills/receipts and dispatched the same to Nuagaon in the district of Phulbani by a truck bearing Registration number O