DHALL TRADERS PVT. LTD Vs. UNITED BREWERIES LTD

JUDGEMENT

(1.) This Appeal assails the Order of the learned Single Judge dated 18.05.2007, rejecting an application of the Defendants (Appellants before us) wherein it was urged that the Suit filed by Plaintiff stood barred by Order II Rule 2 of the Code of Civil Procedure, 1908 ('CPC' for short).

(2.) The Plaintiff is engaged in the manufacture, distribution and sale of beer under various brand names. The Defendants were an exclusive del credere agent appointed by the Plaintiff for sales in the states of Uttar Pradesh and Uttarakhand. The Defendant was transacting business under the name and style of Max Trading Company which reconstituted to form Dhall Traders Pvt. Ltd.

(3.) The Plaintiff/Respondent has filed the Suit to recover the amounts paid by it to the Defendant against the Debit Claims/Bills which are alleged to have been wrongly and illegally raised by the Defendants in September, 2001.