LAWS(DLH)-2008-11-52

INTERKARDIO PVT LTD Vs. SATELEC MEDICAL

Decided On November 21, 2008
INTERKARDIO PVT. LTD. Appellant
V/S
SATELEC MEDICAL Respondents

JUDGEMENT

(1.) THE Plaintiff has sued for recovery of Rs. 78,15,000/- (together with interest) as damages suffered by the Plaintiff for the reason of the Defendant not providing the Plaintiff with necessary and essential information to enable the Plaintiff to carry on effective business, for the breach committed by the defendant of the Agreement with the Plaintiff of exclusivity of the dealership of the Plaintiff and for illegal termination of the Agreement by the Defendant. The Defendant contested the suit by filing a written statement and to which replication was filed by the Plaintiff. On the pleadings of the parties, the following issues were struck on 7th September, 1999. "1. Whether the Plaintiff fulfilled its obligations under the Agreement and the termination of the distributorship Agreement was wrongful" OPP

(2.) WHETHER the Defendant committed breach of the terms and conditions of the Agreement executed between the parties" OPP

(3.) WHETHER the termination/discontinuance of distributorship Agreement was of Plaintiff"s volition" OPD