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.382 of 2008 by the learned District Judge, Adilabad.

2. The brief facts of the case are that the appellant agreed to purchase 10,400 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 lifted 7,010 quintals of cotton seed from the respondent – Corporation. The respondent – 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 him to lift the cotton seed as per the contracts entered into, by paying full value of the cotton seed. The appellant failed to lift the cotton seed of 3271.86 quintals. There was shortage of 128.14 quintals of cotton seed out of 10,400 quintals. The Corporation issued a notice dated 12.05.2004 requesting the appellant to lift the cotton seed within 15 days. The appellant failed to lift the cotton seed. As such, the Corporation resold the un-lift