MANPREET SINGH Vs. NATIONAL PANASONIC INDIA LTD

JUDGEMENT

(1.) THESE appeals have been filed against the judgment and decree dated 9th march 2004 passed by the learned Additional District Judge in suit no. 482/01 filed by the appellant in RFA No. 309/2006 (hereinafter referred as the plaintiff) for decrees of declaration mandatory injunction, rendition of accounts and recovery of Rs. 2,20,000.00 against the appellant in RFA No. 14/2005 (which shall hereinafter be referred to as the defendant). The learned trial Court had decided the suit partly in favour of the plaintiff and partly in favour of the defendant. The plaintiff filed his appeal against the trial Courts judgment challenging the rejection of all his claims except one while the defendant filed its separate appeal against the grant of some relief to the plaintiff. Both the appeals were, however, heard analogously and are now being disposed of by this common judgment.

(2.) THE brief facts relevant for the decision of these two appeals may be noticed first. THE plaintiffs sole proprietorship firm Sheeba Electronics was appointed as distributor for washing machines under the brand name of National for the areas of West and South Delhi w.e.f. June 1st 2000 by the defendant. That distributorship of the plaintiffs firm came to be terminated on 2nd September 2000 and that led to the filling of the present As per the plaintiffs case, the defendant had suit by the plaintiff.

(3.) THE plaintiff had also claimed in the plaint that under the coupon scratch scheme the plaintiff was to give gifts to his customers which were found to be given to them after scratching but the defendant Company had failed to deliver the gifts along with the washing machines supplied to the plaintiff and so he had to purchase the gifts from the market to be given to his customers. THE plaintiff claimed that he had spent a sum of Rs. 20,000/- for the purchase of gifts and that amount the defendant was liable to pay to him but the same had not been paid. THErefore, a decree for Rs. 20,000/- was also prayed for in the plaint. THE plaintiff had also prayed for a decree for rendition of account in respect of the washing machines sold by the defendant Company directly w.e.f. 01-06-2000 since as per the agreement between the parties he was to get commission not only on the washing machines to be sold by him but also on the sales of washing machines sold by the defendant also in the areas of West and South Delhi. However, this relief of rendition of accounts was come up before the trial Court, as is recorded in the impugned judgment. THE plaintiff had also prayed for a decree for a sum of rupees two lacs on account of non-supply of the washing machines for which he had delivered the cheques to the defendant. Thus, a money decree for a total sum of Rs. 2,20,000/- was prayed for.