State Of Rajasthan v. Bank Of Rajasthan LTD. , Udaipur
1986-12-05
B.C.RAY, M.P.THAKKAR
body1986
DigiLaw.ai
JUDGMENT 1. This is a defendants appeal. It appears that the defendants had issued documents of title to goods showing that said goods had been lodged with them and the same would be delivered to the holder of the documents. The documents in question related to 96 bales of cotton which were lodged by the owner of the goods with the appellants for the purpose of ginning. The High Court has rightly taken the view that the Bank as the holder in due course of these documents of title was entitled to claim the delivery of the goods covered by the documents. The appellant was unable to deliver the goods. The plea taken by the appellant-defendant was that the goods in question had been already delivered to the owner of the goods who had dealings with the Bank. This contention was negatived by the trial court as also by the High Court on a careful appraisal of evidence. We agree with the reasoning and conclusion of the High Court. 2. The High Court was fully justified in passing a decree against the appellant-defendant in respect of value of those 96 bales of cotton. There is no substance in the appeal. It fails and is dismissed. There will be no order as to costs. For Citation : 1987 (Supp) SCC 63. Vikas Info Solutions Pvt. Ltd.