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2018 Supreme(P&H) 3341

RAJBIR SEHRAWAT
Punjab Small Industries And Export Corporation – Appellant
Versus
Union Of India And Another – Respondent


Advocates Appeared:
Sanjeev Sharma, Adv., Neeraj Madaan, Adv.

JUDGMENT

Rajbir Sehrawat, J. - This is an appeal filed by the plaintiff in a suit for recovery against the concurrent judgments and decrees passed by both the Courts below; whereby the suit filed by the plaintiff was dismissed.

2. For convenience, the parties would be referred herein as the plaintiff and defendants; as they were referred in the original suit.

3. Stated in brief; the facts of this case are that the plaintiff had filed a suit for recovery of Rs. 14596.40 against the defendant No. 1, Northern Railways. It was pleaded in the suit that the plaintiff-Corporation had purchased pig iron weighing 56.650 MT vide invoice No. 1/21/4860 dated 20.03.1983 from Bhilai to Suranussi, Jalandhar. The material was consigned by defendant No. 2-Steel Authority of India Limited from Bhilai. The Railway had charged @1750/- per MT plus 4% Central Sales Tax on a total value of consignment of Rs. 1,03,103/-. The defendant No. 2 consigned the material to the plaintiff vide RR No. 758360 dated 28.03.1983 wagon No. 86527 from Bhilai to Suranussi. It was further averred that the consignment in question arrived at its destination very late and in damaged condition. On visual inspection, heavy short

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