NATIONAL PANASONIC INDIA LTD. Vs. DEVENDRA MALVIYA PROP.

JUDGEMENT

(1.) THE plaintiff claims a decree for Rs. 43,06,445/ - with pendente lite and future interest.

(2.) ACCORDING to the suit averments, the plaintiff, manufacturer of consumer electronic products, entered into an arrangement, whereby, the defendant was to act as its stockiest/sales agent. The plaintiff alleges that the defendant carried on business of marketing and selling its audio, video and television sets etc. in Indore, through its partnership concern Techno Smiths. It is submitted that the plaintiff constituted the defendant as its sales agent in the early 1990s. plaintiff relies upon an agreement Ex -PW -1/4 for this purpose.

(3.) THE cheques were apparently drawn on the Transport Corporation Bank Ltd., Indore. It is submitted that the cheques too were dishonoured and the bank to whom these instruments were presented, issued a memo/invoice which has been produced as Ex -PW -1/20. The plaintiff submits that the cheques were presented again but the defendant failed to honour them. It is submitted that in these circumstances, the plaintiff issued letters dated 18.04.1997, 23.04.1997 (Ex -PW -1/21 & Ex -PW -1/22) demanding payment.