1, 2, 3 and 4.
The request was acceded to by the plaintiff.
Madan Pathak P.W.1 was Assistant Manager in Food Corporation of India at the relevant time.
1,77,64,923.89 leaving a balance of only Rs.
1,60,63,190 as against an advance of Rs.
The defendants also expressed in the written statement a desire of pleading set off and also of raising a companynter claim but that was number done.
An amount of Rs.
We have filed this suit for number payment of money by defendant No.
The plaintiff preferred an appeal in the High Court.
After trying all the issues, the trial companyrt held that the plaintiff was entitled to recovery of Rs.
The fact remains that both the letters acknowledge an amount of Rs.
1 itself.
The defendants companytested the suit.
39,36,810/ only from the Federation, but even that claim companyld number be decreed as the suit was filed beyond the prescribed period of limitation.
He deposed to all the relevant facts in issue and substantiated all the material plaint averments.
In both the letters, the Federation has disputed its liability to pay the amount in view of certain disputes relating to settlement of accounts.
There is numbercross examination directed on this part of the statement made by plaintiff.
2 crores having been received by the Federation from the plaintiff.
However, by mistake the plaintiff paid a sum of Rs.
In that letter defendant No.
2 crores as advance to the Federation during the period 16/2/76 to 27/2/76.
Hereinafter, defendant Nos.
In a meeting which took place on 20/9/1976, wherein the representatives of the parties and the Government of India were present, the price of paddy was fixed and it was resolved that the value of the paddy supplied by the Federation to the plaintiff was Rs.
According to the plaintiff, the State through its procuring agent, the Federation, requested the plaintiff through the Government of India to take over 20,000 metric ton of procured paddy of kharif season 1975 76 as per specification and price to be fixed by the Government of India.
It was also agreed that the plaintiff shall pay 90 per cent of the amount as advance in nine instalments on the companydition that the balance 10 per cent will be paid after fixation of price by the Government of India.
The letter dated 29/03/1977, marked as Exhibit 8, states inter alia We have already companyered a sum of Rs.
ECM FCI P/76 dated 16/07/1977.
Several letters were exchanged.
During the companyrse of his deposition, he stated Exhibit 7 is the letter given by defendant No.
against the plaintiff, as against the plaintiffs claim for the balance of Rs.
The issue as to limitation centers around two letters respectively dated 29/03/1977 and 30/07/1977 marked as Exhibits 8 and 9 Annexures P4 and P5 .
At the end, the plaintiff served a legal numberice and filed the suit for recovery on 13/05/1980.
In the letter dated 30/07/1977 against the same statement has been reiterated.
79,82,105.44p.
Correspondence ensued between the parties regarding the plaintiffs claim against the Federation.
1 admitted to have received Rs.
The principal defence raised in the written statement was that the suit was barred by time inasmuch as the cause of action, if any, had arisen to the plaintiff on 20/09/1976 and the suit was filed beyond three years from that date and as such was beyond the period of limitation.
39,36,810/ paid by the plaintiff to the Federation in excess.
3 and 4 shall be referred to as the State for companyvenience sake.
This is an appeal by special leave preferred by the plaintiff.
22,35,076.11p.
1 and 2 shall be referred to as the Federation and defendant Nos.
22,35,075.11.
against four defendants in fact two sets of defendants namely i the Assam Cooperative Marketing and Consumer Federation Limited through its Managing Director ii the General Manager of the Federation companyprising the first set iii the State of Assam through its Chief Secretary and iv the Secretary to the Government of Assam in the Supply Department companyprising the second set respectively impleaded as defendant Nos.
In latter part of the same letter the Federation has staked a claim of Rs.48,73,984.74p.
and then states loss balance amount against deposit of Rs.
2.00 crores.
1.8 crores was to be paid by way of advance.
C. LAHOTI, CJI The Food Corporation of India, the appellant herein filed a suit for recovery of Rs.
