The plaintiff partnership firm/M/s Tej Bhan Jaman Das has
filed this suit against the defendant/Bharat Petroleum Corporation Ltd. for a
money decree for a sum of Rs.44,19,368/- along with interest @ 12% p.a.
Plaintiff who is a dealer of the petroleum products supplied by the defendant
claims that defendant has supplied the petroleum products at a higher rate by
wrongly placing the plaintiff in category 1/A instead of category 2/B for
which latter category a lower rate has to be charged for the petroleum
products. Plaintiff therefore not only seeks a money decree for recovery of
the excess amount which as per the plaintiff has been received by the
CS(OS) 1082/2006 Page 1 of 25
defendant from the plaintiff on account of higher charges wrongly paid for
category 1/A, but the plaintiff also prays for a declaration and injunction that
the plaintiff be held to fall in category 2/B and the defendant be restrained
from claiming higher rate of charges in future from the plaintiff by putting
the plaintiff in category 1/A.
Source: Indian Kanoon