UNITEL TECHNOLOGY (INDIA) PVT. LTD. Vs. SMP INTERNATIONAL

JUDGEMENT

(1.) The plaintiffs M/s. Unitel Technology (India) Pvt. Ltd. & anr. have filed the instant suit for recovery of Rs. 41 lacs.

(2.) Plaintiffs' case is that a production unit at SDF No.E-17, Noida Export Processing Zone to repair and refuberish telephones was set up. The plaintiff company was 100% export oriented unit. However, it got special permission and licence to sell products in India. Defendants No.1 & 2 used to sell products i.e. telephones on behalf of the plaintiffs' company in India. Defendant No.3 used to receive goods on behalf of the defendant No.2. These facts have been admitted in the cross-examination dated 29.05.2008 in Civil Suit No.185/2008, pending between the same parties. The said suit was dismissed by the learned Civil Judge, Tis Hazari Courts, Delhi. The findings in the said suit have attained finality.

(3.) Further case of the plaintiffs is that the company supplied telephones to defendants No.1 & 2 at cost price after paying duty. The sale was without profits. It was mutually agreed that the telephones will be sold at mutually agreed price in the local market and 80% profits from the sales would go to the plaintiffs' company. The defendant No.2 admitted in the crossexamination dated 29.05.2008 in Civil Suit No.185/2008 that when goods were supplied through NEPZ, these were duty paid. He further admitted that on the invoices (Ex.PW-1/D1 to Ex.PW-1/D6) by which goods were supplied, name of his firm was mentioned and delivery was taken by his mother Smt. Parkashwati. The defendants were thus liable to pay Rs. 41,99,957/- to the plaintiffs as detailed in para No.7 of the plaint after deducting Rs. 50,000/- given in advance.