M/S Ashwini Knitting Mills vs M/S Bhora Housing Pvt Ltd
2022 Latest Caselaw 2416 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 287/2015

M/s Ashwini Knitting Mills Address - 52, Kethil Nagar, Anupar
Palliar, Tripur, State- Tamilnadu- 641652
                                                                      ----Appellant
                                      Versus
M/s Bhora Housing Pvt Ltd., Vijay Nagar, through its Chairman
Kachrumal S/o Sh. Mangal Chand, R/o Vijay Nagar, Dist. Ajmer.
                                                                    ----Respondent

For Appellant(s) : Mr. Tarun Mishra For Respondent(s) : Mr. Abhi Goyal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/03/2022

Learned counsel for the appellant contended that the plaintiff

filed the present civil suit claiming damages of the future profits

and not for any actual damages. Learned trial Court dismissed the

plaintiff's suit for want of evidence vide judgment dated

22.03.2010, however, First Appellate Court has decreed the suit

vide judgment dated 18.02.2015 and passed a decree for recovery

of Rs. 35,159/- along with interest @ 6%.

Heard learned counsel for both parties and perused the

impugned judgments as well as record.

This second appeal requires consideration on the following

substantial question of law:-

"whether the impugned decree of recovery of damages of

Rs.35,159/- on account of loss of expected future profits is based

(2 of 2) [CSA-287/2015]

on no evidence and stands violative of Section 73 of the Contract

Act?"

A coordinate bench of this Court, vide order dated

22.02.2017 has already stayed the execution of the impugned

decree dated 18.02.2015.

The stay order dated 22.02.2017 is made absolute during

the pendency of this appeal.

Accordingly, Stay application stands disposed of.

(SUDESH BANSAL),J

AARZOO ARORA /68

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