SANJAY KUMAR DALMIYA Vs. TOBU ENTERPRISES LIMITED

JUDGEMENT

(1.) With the consent of parties the matter has been heard and is being disposed of finally.

(2.) Plaintiff/respondent had filed suit for rendition of accounts on the allegations that the respondents/defendants were appointed as C & F agents by the plaintiff for the State of Bihar and an agency agreement dated 26/08/1995 was duly entered into between the parties. Under the agreement, the respondents were entitled to commission at the rate of 5% for the work done by them for the plaintiffs. It is submitted that the defendants failed to fulfil their obligations under the agency agreement and they were, therefore, repeatedly called upon by the plaintiff to settle the accounts and pay the amount allegedly due to the plaintiffs but the defendants had been intentionally avoiding the same. It is submitted that plaintiff was entitled to a decree for rendition of accounts. It is further submitted that a sum of Rs. 7,27,738.46 paise remained to be accounted for by the defendants. It is submitted that the plaintiffs withheld with them a sum of Rs.2 lacs deposited by the defendants as security which was liable to be adjusted/forfeited towards the amount allegedly due to the plaintiff. It was submitted that on true and faithful rendition of accounts by the defendants, a sum of approximately Rs. 5 lacs after giving adjustment of the security amount would be due from the defendants to the plaintiff.

(3.) On notice being served, the defendants filed their written statement and it was stated that the defendants were not liable to render any account to the plaintiff and on the other hand certain amount was due from the plaintiff to the defendants. It was stated that the defendants were ready to settle the matter with the plaintiff in case the plaintiff was willing to refund the amount of security alongwith interest. Prior to the filing of the suit, the plaintiffs had sent a notice dated 26/05/1997 reply to which was given by the defendants on 15/06/1997. In their reply it was stated by the defendants that certain amount, details of which had been given in paragraph 8 of the reply, amounting to Rs. 8,74,875.50 paise was due from the defendants to the plaintiff. It was further stated in the reply that after adjustment of the amount allegedly due from the defendants to the plaintiff, a sum of Rs. 1,47,137.04 paise was still due from the defendants to the plaintiff. This plea and the details of the amount mentioned in the reply dated 15/06/1997 to the notice of the plaintiff was not taken in the written statement. Defendant, therefore, filed an application in the Trial Court under Order VI Rule 17, CPC for amendment of the written statement. In the application for amendment, the defendants had stated that though in the written statement they had mentioned that a sum of Rs. 1,24,764.51 paise was due from the plaintiff to the defendants; however, details as to how this amount was due were not given in the written statement. Plaintiff, therefore, wanted to make amendment in the written statement so as to give details of the amount due from the plaintiff to the defendants. The defendants also sought to amend the verification of the written statement. By the impugned order, learned Trial Court dismissed the application of the defendant for amendment of the written statement. Aggrieved by the order refusing the defendant to amend the written statement, present petition was filed by the defendant.