RSA No. 2657 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2657 of 2007 Date of Decision: December 05, 2008 Inder Mohan ...... Appellant Versus District Manager, Hafed ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. J.K.Goel, Advocate for the appellant. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant for declaration and mandatory injunction to the effect that respondent No.3-HAFED is not entitled to three wagons of the rice as per the agreement between the parties. Both the Courts have found as a fact that the plaintiff-appellant was not able to supply the rice as per the agreement and have dismissed the suit. The Courts have also noticed that,in fact the plaintiff had given three cheques of Rs. 2,50,000/- each which could only be held to be as security for performing his part of the contract. Learned counsel has argued that as per letter Ex.PW5/B written by one M/s Shanti Rice Mills to the respondent that the price of two wagons of rice supplied by them should be credited to the account of the appellant; but he could not deny that the said M/s Shanti Rice Mills had repudiated that offer by subsequent letter Ex.PW5/B. In my RSA No. 2657 of 2007 2 view the letter Ex.PW5/B and letter Ex.PW5/E were internal matters between the plaintiff and M/s Shanti Rice Mills. It was not the duty of the respondent to find out whether the subsequent letter was justified or not justified. Thus, the findings recorded by the Courts below to the effect that the appellant had not been able to establish that he was not liable under the admitted agreement between the parties, cannot be faulted. In the circumstances I hold that the questions of law proposed do not arise in this appeal and the same is dismissed. No costs. (AJAY TEWARI) JUDGE December 05, 2008 sunita