2026:CGHC:12839-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

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0530 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment Reserved on : 13.03.2026 Judgment Delivered on : 18.03.2026 FA No. 549 of 2017 Lalwani And Sons Through Its Prop. Kalyan Dad Lalwani, S/o Late Ruchandmal Lalwani, Aged About 57 Years, R/o Nehru Nagar Main Road, Bilaspur, Tahsil And District Bilaspur Chhattisgarh , Chhattisgarh ... Appellant(s)

versus

1 - Firm Cheema Bricks Wrongly Mentioned As Brieks Through Its Partners Jagveer Singh Chima S/o Sohan Singh Chima, Aged About 35 Years C/o Chima Local Carrier Shankar Nagar Raipur Road Mahasamund, Tahsil And District Mahasamund Chhattisgarh, Chhattisgarh

2 - Gurumukh Singh Chima, S/o Gurucharan Singh Chima, Aged About 42 Years C/o Chima Local Carrier Goyal Complex Shop No. 09, Minocha Petrol Pump Telibandha Mahsamund Road Raipur, Tahsil And District Raipur Chhattisgarh , District : Raipur, Chhattisgarh 3 - Jaspal Singh Chima, S/o Sohan Singh Chima, Aged About 40 Years C/o Chima Local Carrier Shankar Nagar Raipur Road Mahasamund, Tahsil And District Mahasamund Chhattisgarh , District : Mahasamund, Chhattisgarh

4 - Jagroop Singh Chima, S/o Sohan Singh Chima, Aged About 40 Years C/o Chima Local Carrier Shankar Nagar Raipur Road Mahasamund, Tahsil And District Mahasamund Chhattisgarh, District :

Mahasamund, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Kalyan Das Lalwani, Appellant In Person.

For Respondent(s) : Mr. Manoj Paranjpe, Sr. Advocate along with Ms. Shivangi Agrawal, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

CAV Judgment

Per Ramesh Sinha, Chief Justice, 1. Heard Mr. Kalyan Das Lalwani, Appellant In Person. Also heard Mr. Manoj Paranjpe, Sr. Advocate along with Ms. Shivangi Agrawal, Advocate, appearing for the Respondents.

2. The appellant/ plaintiff has filed the instant appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the impugned judgment and decree dated 23.08.2017 passed by the learned Additional District Judge, Bilaspur, in Civil Suit No. 1-B/2013, whereby the civil suit filed by the appellant/ plaintiff for recovery of Rs.

21,18,500/- has been dismissed.

3. The appellant/plaintiff filed a civil suit seeking recovery of Rs. 21,18,500/- from the defendants, with the pleading that he was engaged in the coal business, purchasing coal from SECL through e-auction and selling it to various parties. The defendants, who are operating a brick kiln at Mahasamund, required coal for their kiln operations and had agreed on terms and conditions for its supply with the plaintiff. In the year 2011-12, the plaintiff sold 2793.270 MT of coal, amounting to Rs. 78,35,046/-, on credit, and the details of which are annexed as Schedule-1. In the year 2012-13, the defendants purchased 500 MT of coal, amounting to Rs. 15,29,855/-, from the plaintiff, which was lifted from Laxman Colliery of SECL through DO No. 121384 dated 24.03.2012, the details of which are given in Schedule-2 of the plaint. The plaintiff further pleaded that the details of the vehicles used for transporting the coal were provided in Schedule-3, while the actual transportation of coal for the year 2011-12, as per Schedule-1, was recorded in Schedule-4. Since the defendants were local transporters, they arranged for the transportation of the coal using their own trucks. The plaintiff claimed that although the defendants purchased coal amounting to Rs. 78,35,046/- on credit in 2011-12, they paid only Rs. 58,05,000/-, leaving an outstanding balance of Rs. 20,30,046/-, as detailed in Schedule-5 annexed with the plaint. This formed the basis of the recovery claim in the suit.

4. It is further pleaded that in the year 2012-13, the defendants purchased coal from the plaintiff, amounting to Rs. 15,29,855/- on credit. However, the defendants paid Rs. 17,14,700/-, the details of which are given in Schedule-6 annexed with the plaint. After adjusting th