MCCANN ERICKSON (INDIA) PVT. LTD Vs. KAMINI SAIGAL

JUDGEMENT

(1.) These appeals are directed against the judgment and decree dated 25th January,2005 passed by the learned Additional District Judge in a suit for recovery of Rs. 13,50,000/- alongwith interest thereon @ 24% p.a. from March,1994 onwards filed by respondent no.1 in both the appeals, Ms.Kamini Sehgal (hereinafter to be referred as 'the plaintiff'). The decree passed was against the appellants as well as respondent no.3 in both the appeals, M/s A.V. Communications, for a sum of Rs.13,49,800/- and all the three defendants in the suit were made liable for the payment of the decretal amount jointly and severally. The appellant in RFA No.372/2005 was arrayed as defendant no.1 in the suit and reference to it shall hereinafter be made as 'defendant no.1' and the appellant in RFA No.312/2005 was arrayed as defendant no.2 and it shall be referred to in this judgment also as 'defendant no.2' while respondent no.3 in these appeals was impleaded in the suit as defendant no.3 and in this judgment also reference to it shall be made as defendant no.3. Since both the appeals were heard analogously they are being disposed of by this common judgment.

(2.) The plaintiff's case which has been noticed by the trial court in its judgment is as under:

(3.) Separate written statements were filed by defendants 1 and 2 opposing the suit claim. The relevant portions of the written statement of defendant no.1 are as under: