LAWS(DLH)-2011-12-168

ASHOK KUMAR KHANNA Vs. JOHNSON & JOHNSON CO

Decided On December 22, 2011
ASHOK KUMAR KHANNA Appellant
V/S
JOHNSON Respondents

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant against the judgment and decree dated 01.11.2010 passed by learned Single Judge whereby the suit filed by the appellant for permanent injunction, recovery and damages, was dismissed except decreeing the suit for a sum of Rs.30,000/- with interest @ 9% per annum.

(2.) THE appellant is the sole proprietor of M/s.N.S.K. Enterprises. He came to know that respondent No.1 wanted to allot the distributorship for G.B.Pant Hospital, Delhi. Vide letter dated 29.06.1999, he submitted a detailed letter seeking the right of distributorship.

(3.) GRIEVANCE of the appellant is that the respondent No.1 had orally entered into a contract with him for supply of goods to respondent No.2 and he was to be paid a margin of about 19% of the total sales. However, contrary to the agreement, the respondent No.1 decided to allot the supply of the goods to M/s.Cure Aids India in March, 2000. The appellant wrote number of letters, including legal notice, on various dates to the respondent No.1 and requested that the supply to respondent No.2 should be routed only through him but to no effect.