LAWS(KAR)-2023-5-28

M. RAMALINGAM Vs. ARCHIES LTD

Decided On May 29, 2023
M. RAMALINGAM Appellant
V/S
Archies Ltd Respondents

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner.

(2.) This CRP is filed under Sec. 18 of the Small Causes Court Act against the judgment and decree dtd. 1/3/2021 passed in S.C.No.1725/2017 on the file of the XVI Additional Judge, Court of Small Causes, Bengaluru, dismissing the suit for recovery of money

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the suit was filed for the relief of claiming an amount of Rs.41,040.00 with interest at 18% per annum. The contention of the plaintiff is that the defendant took a contradictory view to that of the terms and conditions stipulated in the above agreement, which were agreed between the plaintiff and the defendant. The defendant indulged in unilateral termination of the above agreement. The defendant also indulged in withdrawing their agents and employees from the regular employment consequently disabling the super stockiest from facilitating the defendant in recovering and realizing the payments with respect to the goods of the plaintiff. The defendant also indulged in floating new terms and conditions for new super stockiest, thereby creating internal breakdown in the entire business activity carried out by the plaintiff. It is contended that upon arriving at the final calculations of the outstanding due from the defendant to the plaintiff was an amount of Rs.41,040.00. The defendant has also removed their staff, who were required to liquidate the stock from the plaintiff's premises. Hence, filed a suit.