Advocates:
['J P GOYAL', '', 'R P GARG', 'MANEESH SHARMA', 'G C GARG', 'ALOK GARG']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 53/2000

1.

Smt. Shanti Devi Jhalani Wd/o Lt. Shri Sitaram Jhalani,

26, Kisan Marg, Tonk Road, Jaipur, Through Their Power

Of Attorney Holder Govind Sharan

2.

Shyam Sunder S/o Lt. Shri Sitaram Jhalani, 26, Kisan

Marg, Tonk Road, Jaipur, Through Their Power Of Attorney

Holder Govind Sharan

3.

Govind Sharan S/o Lt. Shri Sitaram Jhalani, 26, Kisan

Marg, Tonk Road, Jaipur, Through Their Power Of Attorney

Holder Govind Sharan

4.

Uma Shanker S/o Lt. Shri Sitaram Jhalani, 26, Kisan

Marg, Tonk Road, Jaipur, Through Their Power Of Attorney

Holder Govind Sharan

5.

Rambabu S/o Lt. Shri Sitaram Jhalani, 26, Kisan Marg,

Tonk Road, Jaipur, Through Their Power Of Attorney

Holder Govind Sharan

6.

Ashok S/o Lt. Shri Sitaram Jhalani, 26, Kisan Marg, Tonk

Road, Jaipur, Through Their Power Of Attorney Holder

Govind Sharan

7.

Smt. Bhanwar Devi W/o Mohan Lal Katta, 4265, Ghoda

Nikas Road, Ramganj, Jaipur, Through Their Power Of

Attorney Holder Govind Sharan

8.

Smt. Shakuntala Devi W/o Kailash Chand Gupta, Navab

Sahab Ka Nohra, Tripolia Bazar, Jaipur, Through Their

Power Of Attorney Holder Govind Sharan

9.

Smt. Urmila Badhaya W/o Ramavtar Badhaya, Lakda

Bagichi, Laxmi Narainpuri, Galta Road, Jaipur, Through

Their Power Of Attorney Holder Govind Sharan

10.

Smt. Usha Khandelwal W/o Rajeev Khandelwal, 5,

Bhanwar Parsi Society, Pandit Nehru Road, Jamnagar,

Gujrat, Through Their Power Of Attorney Holder Govind

Sharan

----Appellants

Versus

1.

The Rajasthan Small Scale Industries Corporation

Through Its Managing Director, Tilak Marg, C Scheme,

Jaipur

(2 of 8)

[CFA-53/2000]

2.

Managing Director, The Rajasthan Small Scale Industries

Corporation, Tilak Marg, C Scheme, Jaipur

----Respondents

For Appellant(s)

:

Mr. J. P. Goyal, Sr. Advcoate with

Mr. Abhi Goyal, through VC

For Respondent(s)

:

Mr. R. P. Garg, through VC

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

03/02/2022

This appeal has been preferred against the judgment and

decree dated 06.09.1999 passed by learned trial court (Additional

District Judge No. 5) Jaipur City, Jaipur.

According to brief facts of the case, a civil suit was filed by

plaintiff-appellant in the trial court for recovery of Rs. 19,363/-

from defendant-respondents. It was alleged on behalf of plaintiff-

appellant that Sitaram Jhalani & Company was registered as small

scale industry and deceased plaintiff-Sitaram Jhalani was sole

proprietor. The dispute arose between the plaintiff and the

defendant regarding non-supply of the goods as per the

agreement between the parties, therefore, the plaintiff claimed

interest upon the money deposited with the defendants for which

the goods were not supplied as per the agreement by defendants.

Written statement was filed on behalf of defendants wherein

it was claimed that no excess amount was received from the

plaintiff-appellant by the respondents and further it was also

pleaded that no amount was retained unnecessarily by the

defendants, therefore, it was submitted that the suit may be

dismissed with costs.

(3 of 8)

[CFA-53/2000]

The learned trial court framed following issues on the basis

of the pleadings of the parties :-

Þ1-

vk;k oknh o izfroknhx.k ds chp 100 Vu fix vk;ju ysus dk vuqca/k

gqvk FkkA

2-

vk;k izfroknh us 102 :- izfr es- Vu dh nj T;knk yxk;h gS ftlds oknh

izfroknhx.k ls 9306-90 #- izkIr djus dk

vf/kdkjh gSA

3-

vk;k izfroknhx.k us okn i= ds pj.k la- 6 ds vuqlkj C;kt dh jde

1091-77 #- T;knk olwy dh gS tks oknh okil izkIr djus dk vf/kdkjh gSA

4-

vk;k oknh ds izfroknhx.k ds ftEes okn i= ds pj.k la- 7

ds vuqlkj

4083-53 #- vly cdk;k gS tks oknh izkIr djus

dk vf/kdkjh gSA

5-

vk;k oknh izfroknhx.k ls nkoksa ds pj.k la- 9 ds vuqlkj

C;kt dh

jkf’k 4710 #- izkIr djus dk vf/kdkjh gSA

6-

vk;k oknh izfroknhx.k ls uksfVl [kpZ ds 150 #- izkIr djus dk