HIGH COURT OF TRIPURA AGARTALA RFA No.4 of 2024 Sri Suvajit Paul, S/o Shri Swapan Kumar Paul, resident of B.K. Road, Banamalipur, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.

……… Appellant (s).

V E R S U S

1. Food Corporation of India, a Government of India undertaking having its office at 16-20, Barakhamba Road, New Delhi-11006 represented by its Chairman-cum-Managing Director.

2. The General Manager(R), Food Corporation of India, North-Eastern Region, Mid-Land, Shillong-3.

3. The Area Manager, Food Corporation of India, District Office, Colonel Chowmuhani, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.

……… Respondent(s).

For Appellant(s) : Mr. Kundan Pandey, Advocate For Respondent(s) : Mr. Ra tan Datta, Advocate Mr. Aditya Baidya, Advocate RFA No.7 of 2024

1. Food Corporation of India, a Government of India undertaking having its office at 16-20, Barakhamba Lane, New Delhi-110001, represented by its Chairman-cum-Managing Director.

2. The General Manager(R), Food Corporation of India, Regional Office, North East Frontier Region, Mawlai Mawroh, Shillong-793008.

3. The Divisional Manager erstwhile Area Manager, Food Corporation of India, District Office, Colonel Chowmuhani, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.

……… Appellant (s).

V E R S U S Sri Suvajit Paul, Son of Sri Swapan Kumar Paul, resident of B.K. Road, Banamalipur, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.

……… Respondent(s).

RFA No.10 of 2024

1. Food Corporation of India, a Government of India undertaking having its office at 16-20, Barakhamba Lane, New Delhi-110001 represented by its Chairman-cum-Managing Director.

2. The General Manager(R), Food Corporation of India, Regional Office, North East Frontier Region, Mawlai Mawroh, Shillong-793008.

3. The Divisional Manager erstwhile Area Manager, Food Corporation of India, District Office, Colonel Chowmuhani, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.

……… Appellant (s).

V E R S U S Sri Suvajit Paul, S/o Sri Swapan Kumar Paul, resident of B.K. Road, Banamalipur, P.O.-Agartala, P.S.-West Agartala, District-West Tripura.

……… Respondent(s).

For Appellant(s) : Mr. Ratan Datta, Advocate Mr. Aditya Baidya, Advocate For Respondent(s) : Mr. Ku ndan Pandey, Advocate HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON’BLE MR. JUSTICE BISWAJIT PALIT CAV reserved on : 11.03.2026. Judgment delivered on : 08.04.2026 Whether fit for reporting : YES JUDGMENT & ORDER (Biswajit Palit, J)

Since all the three commercial appeals have arisen out of a common judgment and decree and the subject matter of these appeals is identical, so these three commercial appeals are taken up together for disposal by this common judgment and order.

2. Heard Learned Counsel, Mr. Kundan Pandey appearing on behalf of the appellant/plaintiff i.e. the contractor in RFA No.4 of 2024 and for the respondent in RFA No.7 of 2024 and RFA No.10 of 2024. Also heard Learned Counsel, Mr. Ratan Datta appearing on behalf of the respondents-FCI in RFA No.4 of 2024 and for the appellants in RFA No.7 of 2024 and RFA No.10 of

2024.

3. Short facts of the case of the appellant/plaintiff i.e. the contractor are as follows:

The original suit was filed by the appellant/plaintiff i.e. the contractor before the Learned Trial Court against the respondents-FCI, claiming detention charges along with interest for delay in unloading of food grains beyond the stipulated period due to shortage of storage space, as per the tender agreement. A counterclaim was filed by the respondents-FCI against the appellant-contractor seeking demurrage charges for failure to clear the wagon within time.

3.1. The case of the appellant-contractor, in short, is that he runs a transport business in the name of M/s Suvajit Paul and the respondents-FCI appointed him as a transport contractor a period of 2(two) years for transportation of food grains/sugar and other allied materials including loading and unloading works at Food Storage Depots from railway siding/FSD