NU TECH SECURITY PRINTERS Vs. SANTHI AGENCY

JUDGEMENT

(1.) (ORAL)

(2.) THIS is a suit for recovery of RS.20,29,634.55. Defendant No.2 is a partner of defendant No.1, whereas defendants No. 5 and 6 are partners of defendants No. 3 and 4. Defendants No. 3 and 4 are also alleged to be the unit of defendant No.7, wholly owned by it. It is alleged in the plaint that Government of Nagaland appointed defendant No.3 as the Organizing Agent of its State sponsored lotteries and defendants No. 3 to 7 were appointed as the selling agents for defendants No.3 for such lotteries. It is further alleged that defendants No. 3 to 7, in the name of defendant No.3, negotiated with the plaintiff for printing of lottery tickets and as per instructions of the sponsorer of the lotteries, defendant No.3 got the tickets printed from the plaintiff. On the request of defendant No.3, tickets were delivered by the plaintiff to defendant No.1 at its Delhi office and the bills for printing were also raised in the name of defendant No.1. Payments against the bills, however, were received by the plaintiff from defendant No.1 as also from defendants No. 3 and 4. It is alleged that a sum of RS.14,58,250/- is due to the plaintiff from the defendants towards printing of the tickets. The plaintiff has claimed that amount along with interest thereon at the rate of 18% per annum which comes to RS.5,71,384.55, making a total of RS.20,29,634.55.

(3.) THE following issues were framed on the pleadings of the parties:- (i) Whether the suit has been properly instituted in the name of the plaintiff? OPP (ii) Is the suit bad for mis-joinder of parties? OPD (iii) To what amount is the plaintiff entitled and from which defendant? OPP (iv) Is the plaintiff entitled to interest. If so, at what rate and for what period? OPP (v) Relief. ISSUE NO.1