PUNNAMANA AGENCIES Vs. MARUBENI CORPORATION

JUDGEMENT

(1.) APPELLANT sued respondents claiming decree in sum of Rs.32 lacs. Appellant claimed that the suit was instituted under authority of its partner Mr.P.V.Kumar.

(2.) AS per the plaint, the appellant had entered into a service agreement with respondent No.1 on October 18, 1988 and was to receive service commission every six months in sum of US$ 10,000.00. It was pleaded that it was orally agreed that as and when a contract would be finalized, with the efforts of the appellant, it would be paid a commission @ 0.5% of the contract value. Citing two instances of said commission i.e. 0.5% of the invoice value being paid on January 20, 1993 and secondly on November 25, 1993, it was averred that the appellant had not been paid similar commission pertaining to a contract dated June 9, 1992 awarded by ONGC to a consortium consisting of M/s Kawasaki Heavy Industries and Cooper Rolls Inc. It was pleaded that the contract value was approximately US$ 220 million and the said contract was awarded at the instance of the appellant.

(3.) WITH respect to the two agreements dated January 20, 1993 and November 25, 1993, it was highlighted that a different company, having similar name as respondent No.1, was the signatory to the two agreements and that the appellant could not rely, as conduct of the respondent No.1, by making any reference to the agreements dated January 20, 1993 and November 25, 1993. Pertaining to the contract dated June 9, 1992 it was highlighted that the contract was between ONGC and consortium consisting of M/s Kawasaki Heavy Industries and Cooper Rolls Inc.; none of which had anything to do with respondent No.1.