LUCKNOW MEDICAL AGENCIES Vs. RAJ KUMAR (SECOND)

JUDGEMENT

(1.) Lucknow Medical Agencies (hereinafter 'the appellant') has preferred the present appeal under Section 100 of the Civil Procedure Code to challenge the legality and correctness of a Judgment dated 21.10.2014 of learned Additional District Judge in RCA No.2/2013 tilted M/S Lucknow Medical Agencies vs.Raj Kumar (Second) whereby findings of the Trial Court in the judgment and decree dated 21.01.2013 in Suit No.247/2006 were confirmed. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. It is relevant to note that the appellant had filed a suit against the respondent for the recovery of Rs. 1,56,020.54 claiming that the respondent did not pay the said amount after he left the job with the appellant on 12.12.1995. It was averred that the respondent was employed with the appellant since 1980 and was working as a Billing Assistant. Apart from the said employment, the respondent used to supply medicines to various chemists on his own from the appellant's firm to get commission. The medicines were supplied to the respondent on credit basis and the respondent used to deposit the proceeds with the appellant firm. It was further averred that the respondent used to maintain two types of accounts; one in his own name and the other in the name of M/S Eureka Chemists. A sum of Rs. 86,240.31 was due and recoverable from the respondent as on 31.03.1996 which he failed to pay and left the services on 12.12.1995 without any information.

(3.) The said suit was contested by the respondent and he denied his liability to pay any such amount. He further denied to have supplied medicines to the chemists to earn commission. Both the appellant and the respondent adduced their evidence. Finally, by the judgment dated 21.01.2013, the said suit was dismissed. The appeal which challenged the legality of the said judgment also resulted in its dismissal. Aggrieved by the said orders, the instant Regular Second Appeal has been filed before this Court.