T.N.SINGH
New Standard Scale Engineering Works – Appellant
Versus
State of M. P. – Respondent
Dr. T.N. Singh, J.
l. By the impugned judgment and decree passed on 17-4-1984, 5th Additional Judge to District Judge, Gwalior, has dismissed plaintiff-appellant's suit for declarations and consequential relief’s. Defendant-respondent No.2, Controller of Weights and Measures, Madhya Pradesh, Bhopal, is the authority against whom declarations were sought in respect of two orders passed by him on 3-1-1979 and 22-11-1982.
2. It is not disputed that since 1963 the plaintiff-appellant, Ali Bhai, an Indian citizen, has been carrying on trade and business, in the name and style of New Standard Scale Engineering Works, of repairs of weights and measures, under a licence obtained for that purpose and that the licence was renewed from year to year, until its cancellation by an order passed on 22-11-1982 by defendant respondent No.2. The licence, it is admitted, was sent to the said respondent for renewal and it was not returned to the plaintiff. It is also admitted that the reason for cancellation is recalcitrance of the plaintiff in the matter of compliance by him of order passed on 3-1-1979 by the said respondent as espects fixation of repair charges. Ex. P-2 is that document which c
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