THE HONOURABLE Dr. JUSTICE G. RADHA RANI CIVIL MISCELLANEOUS APPEAL No.835 of 2010

JUDGMENT:

This Civil Miscellaneous Appeal is filed by the appellant – appellant –

respondent questioning the legality and validity of the orders dated 25.02.2010 passed in O.P.No.381 of 2008 by the learned District Judge, Adilabad.

2. The brief facts of the case are that the appellant agreed to purchase 2,700 quintals of cotton seed from the respondent – M/s.Cotton Corporation of India Limited (in short “Corporation”), Adilabad during the year 2003-04. The appellant paid an Earnest Money Deposit (for short “EMD”) of Rs.10,000/- on 30.01.2004. The Corporation would intimate to the appellant about the availability of cotton seed as soon as the cotton seed was available after ginning, and would inform the appellant to lift the cotton seed as per the contracts entered into, by paying full value of the cotton seed. There was a shortage of 100 quintals of cotton seed. The appellant failed to lift the balance quantity of 2,600 quintals of cotton seed and committed breach of contract. The Corporation issued a final notice dated 12.05.2004 requesting the appellant to lift the cotton seed within 15 days. The same