Excelsior Correspondent
JAMMU, Aug 4: High Court today dismissed the petition filed by Director Animal Husbandry against the order of Trial Court whereby his account was seized and imposed a cost of Rs 30,000.
While dismissing the petition, Justice Tashi Rabstan observed, “a welfare State is expected to mitigate the sufferings of its own people, rather to add woes to their sufferings they are already going through”.
“The suit amount relates to the period between August 11, 2000 and February 17, 2001. When plaintiff Surinder Kumar failed to get his due amount despite issuance of notice, he filed a Civil Suit before the Trial Court on August 11, 2006, wherein defendant while admitting the claim of plaintiff stated that his claim has already been forwarded to the Government through the petitioner. However, during the pendency of suit the plaintiff died on November 7, 2008 and his legal heirs were brought on record”, Justice Rabstan said, adding ultimately, the suit came to be decreed in favour of plaintiffs on April 15, 2011. Now it is July 2016 and still respondents have been hankering for getting their genuine petty amount for the last about 16 years only because of laxity and non-serious approach of defendants in the original suit.
In the given circumstances, Justice Rabstan imposed cost of Rs 30,000 on Director Animal Husbandry to be deposited in the Registry within a period of one month from today. “On deposit, the same shall be released in favour of respondent after proper verification and identification. In case the petitioner fails to deposit the costs, Registrar (Judicial) is directed to frame a separate Robkar against the petitioner”, High Court directed.
The facts of the case are that plaintiff Surinder Kumar (now deceased) was a milk carriage contractor of Cooperative Milk Federation, Satwari during the period between August 11,2000 and February 17, 2001 as he had deployed his vehicle for transportation of milk from Jourian to Satwari at the rate of Rs 2 per litre.
Before the milk carriage bills of plaintiff to the tune of Rs 62,662 could be released by the Cooperative Milk Federation, it came to be wind up. The plaintiff kept on approaching the Director Animal Husbandry, Jammu for release of the amount along with Rs 22,203 as security money but with no result.
The Trial Court keeping in view the admission made on the part of Liquidator, Cooperative Milk Federation, allowed the suit vide judgment dated 15.04.2011 and a decree for an amount of Rs 84,865 was passed in favour of plaintiffs and against the defendants in the suit with interest at the rate of 9% per annum from the date of institution of the suit till passing of the decree with future interest at the rate of 6% from the date of decree till realization of the decretal amount along with costs.
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