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UNION OF INDIA Versus M/s. CHATURBHAI M. PATEL & CO.

1975 (12) TMI 176 - SUPREME COURT

Civil Appeals Nos. 972- 973 of 1968. - Dated:- 9-12-1975 - FAZALALI, SYED MURTAZA AND MATHEW, KUTTYIL KURIEN, JJ. Gobind Das and S. P. Nayar for the appellant S. M. Jain, J. P. Goyal, S. K. Jain and Shripal Singh for Respondent JUDGMENT FAZAL ALI J. This is a defendant's appeal by certificate granted by the High Court of Allahabad under Art. 133(1) of the Constitution of India. The plaintiff which is a registered partnership firm at Banaras dealing in Bidi tobacco filed the present suit for .....

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ype of tobacco reached there which caused serious loss to the plaintiff. The suit was filed after notice under s. 80 of the Code of Civil Procedure was given. The plaintiff also claimed refund of the excise duty which was paid by the plaintiff. The suit was resisted by the defendant mainly on the ground that due to fraud and collusion between the plaintiff in Banaras and his father's firm in Gujarat, the consignment at Benaras was interchanged by manipulation and deliberation so that the inf .....

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se duty said to have been paid by the plaintiff. Mr. Gobind Das appearing for the appellant submitted that there were number of suspicious circumstances which clearly went to show that some amount of fraud had been played on the defendant by the collusion of the plaintiff with his father at Gujarat whose firm was known as Mangal Bhai Prabhu Das. In support of his contention he has relied on three or four circumstances which have been fully discussed by the High Court. On a perusal of the judgmen .....

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as alleged by the defendant. One of the circumstances was that on June 9, 1954 a consignment of 191 bags of tobacco was booked by Mangal Bhai Prabhu Das the father of the plaintiff from Railway Station Vasad in Gujarat to Indian Zarada Factory, Banaras which was owned by the plaintiff. This consignment was taken delivery of by one Mohanlal an agent of the Indian Zarada Factory at Benaras and was re-warehoused in the bonded warehouse of the Factory at Benaras. On the same day the consignment of .....

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ver, has pointed out that there was absolutely no evidence to show that such a manipulation or changing the marks was done either by the plaintiff or his agent at Benaras. Similarly reliance was placed on the fact that although the consignment reached Gaya on July 17, 1954 yet the delivery of the aforesaid consignment was taken by the plaintiff cousin at Gaya more than a month thereafter i.e. on August 25, 1954 and that too after the Railway authorities at Gaya wrote a letter to the consignee on .....

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er immediately after receipt of the consignment, and if in spite of that there was delay in taking delivery, something could be said for the plaintiff. Lastly it was urged by Mr. Gobind Das for the appellant that the plaintiff who was the owner of the Indian Zarada Factory at Benaras and his father who was the owner of the firm in Gujarat appear to have entered into a conspiracy to defraud the defendant in view of their close relationship. The High Court has rightly pointed out that the plaintif .....

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