LUBEMAN ADDITIVES P LTD Vs. LUBRIOIL WORLDWIDE INC

JUDGEMENT

(1.) Mr. H.D. Talwani, Advocate appears for Mr. S.K. Chaudhary, Advocate and states that Mr. S.K. Chaudhary had appeared in this case for the respondent, however, no vakalatnama was received from the respondent. The counsel, therefore, states that neither he nor Mr. S.K. Chaudhary can appear for the respondent, inasmuch as, no instructions are received and nor is any vakalatnama filed on record. 2. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 20.5.2006 decreeing the suit for recovery of Rs. 16,25,000/- alongwith interest @ 9% per annum. The suit has been decreed without any trial or framing of issues, by allowing an application under Order 12 Rule 6 CPC filed by the respondent/plaintiff.

(2.) The facts of the case are that the respondent/plaintiff filed a suit against the appellants alleging that the sum of US$ 25,000/- was sent to the appellants with respect to a joint venture agreement which did not fructify. It was pleaded that there were disputes with respect to percentage of share holding in the joint venture company which was to be floated and, therefore, the joint venture could not take off. It was further pleaded that the appellants/defendants had admitted, vide its letter dated 19.6.2001 the receipt of US$ 25,000/- and, therefore, the suit for recovery should be decreed.

(3.) Before the trial Court, the appellants/defendants besides taking other defences on merits specifically pleaded that the amount which was sent by the respondent/plaintiff to the appellants/defendants was spent towards research and development work for the products being lubricants, oil, etc. and therefore the amount sent is not recoverable.