In this civil appeal, the High Court of Chhattisgarh dismissed the appellant's appeal questioning a trial court decree which directed him to refund _Kosafals_ received from the respondent society.
Appeal dismissed; decree of trial court upheld; parties to bear own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FA No. 327 of 1999
---- Appellant/Defendant
Versus
---- Respondent
| For Appellant | : Shri Rajeev Shrivastava with Shri Malay |
|---|---|
| Shrivastava and Shri Gagan Tiwari, Advocates. | |
| For Respondent | : Shri Nishikant Sinha, Advocate |
Judgement On Board By Sanjay Agrawal, J.
05/10/2016
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this regard to the plaintiff-society requesting for providing the Kosafals to as many as 10 of his weavers, as mentioned in the said request letter while taking all the responsibilities of them. It is put forth in the plaint that the defendant had received 20 bags (one lakh Kosafals ) from the plaintiff-society on 25.12.1989 and out of which he had returned 12 bags (sixty thousand Kosafals ) to the plaintiff-society on 30.12.1989 as evidenced by the endorsement made by him in the said request letter, titled as Ikrarnama (Ex.P.1), itself. It is the further case of the plaintiff that when it came to know that defendant – Ramdas had no weavers, and therefore, it demanded the return of one lakh Kosafals from the defendant on 30.12.1989, however, he had returned only sixty thousand Kosafals out of it and the remaining forty thousand Kosafals was sold by the defendant. Therefore, the plaintiff had requested the defendant to refund the same, however, despite of repeated demands being made the rest of forty thousand Kosafals was not returned, therefore, the plaintiff has been constrained to file the suit in the instant nature for refund of those forty thousand Kosafals or an amount of Rs.20,800/- in lieu of it with interest @ 12% per annum amounting to Rs.7,280/- and thus the plaintiff has claimed total sum of Rs.28,080/-.
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relying upon the letters (Ex.P.6, Ex.P.7 and Ex.P.8) written by the defendant himself that he has tried to return rest of forty thousand Kosafals to the plaintiff and, in consequence, decreed the plaintiff's claim.
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Sd/( Sanjay Agrawal) Judge
Anjani
2 issues framed by the court
Whether the appellant is liable to refund _Kosafals_ received from the respondent society.
Whether the findings of the trial court regarding the receipt and partial return of goods are just and proper.
Ramdas Dewangan
Madhya Pradesh Khadi Sanstha Sangh Avam Kosa Utpadan Kendra
Sanjay Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
