ALOK GUPTA Vs. RUBFILA INTERNATIONAL LIMITED

JUDGEMENT

(1.) THIS is a suit for recovery of Rs.1351521/- and rendition of accounts and a Counter Claim for recovery of Rs 32,42,628/- The plaintiff, who is carrying business under the name and style of M/s Alok Enterprises claims that he was appointed as an agent by the defendant for the sale of its products in northern India and the defendant had agreed to pay a commission of 1% on the total sales made by him directly or made by the defendant on the orders procured through him, along with reimbursement of telephone and office expenses. It is further alleged that Smt. Renu Gupta, wife of the plaintiff was also appointed as an officer of the defendant company on a salary of Rs.10,000/- per month and the defendant had taken the premises of the plaintiff on rent of Rs.5,000/- per month for using it as its office. It is also alleged that all office expenses including the salary of Smt. Renu Gupta was paid by the plaintiff and was added to the account of the defendant, which its officers used to confirm from time to time.

(2.) IT is further alleged that in a meeting held in the month of October 1997, at the factory of the defendant with the Managing Director and Marketing Manager of the defendant company, it was agreed that from 1st April 1997 the plaintiff will be paid commission at a revised rate, on slab basis. This was followed by a meeting in Delhi with the Managing Director of the defendant, when it was agreed that from 1st April 1998, the plaintiff will be paid commission at a revised rate of 2%. This was confirmed in a later meeting held in December 1998 between the plaintiff and Managing Director and Vice President of the defendant company. IT is alleged that a sum of Rs.13,51,521/- is due to the plaintiff, whereas the defendant is claiming a sum of Rs.32Lacs from him. The plaintiff has accordingly claimed the aforesaid amount of Rs.13,51,521/- along with pendente lite and future interest on that amount.

(3.) THE following issues were framed on the pleadings of the parties:- i. Was the plaintiff appointed as an agent by the defendant for Northern India? If yes on what terms? OPP ii. Was Mrs. Renu Gupta, wife of the plaintiff employed by the defendant as a Marketing Executive at a monthly salary of Rs 10,000/- with further right to get special commission of 1% for the material supplied on bookings effected by her? OPD iii. To what amount, if any, is the plaintiff entitled to from the defendant? OPP iv. If issue No.3 is decided in favour of the plaintiff, whether plaintiff is entitled to any interest and at what rate? OPP v. To what amount is the defendant entitled to from the plaintiff? OPD vi. If issue No.5 is decided in favour of the defendant whether defendant is entitled to interest from the plaintiff and at what rate? OPD vii. Relief to the parties.