VIJAY PAL SINGH Vs. USMAN GANI ANSARI

JUDGEMENT

(1.) C. M. No. 47291/2017 (exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 18. 11. 2017 by which trial court has decreed the suit for recovery of moneys filed by the respondent/plaintiff for an amount of Rs. 3,50,000/- along with interest at 9% per annum simple. The amount which is decreed in favour of the respondent/plaintiff against the appellant/defendant is on account of the liability of the appellant/defendant to pay commission to the respondent/plaintiff as carrying and forwarding agent duties performed by the respondent/plaintiff for the appellant/defendant.

(3.) The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of Rs. 3,50,000/- pleading that he was running the business of medicines under the name and style of M/s Hadis Pharma as its sole proprietor. The appellant/defendant approached the respondent/plaintiff for their medicine products being carried and forwarded in Delhi and therefore an agreement dated 31. 2011 was executed between the respondent/plaintiff and M/s Adonis Pharmaceuticals Pvt. Ltd. of which the appellant/defendant was one of the Directors. An amount of security deposit of Rs. 5 lacs was deposited by the respondent/plaintiff with M/s Adonis Pharmaceuticals Pvt. Ltd. It was pleaded in the plaint that the respondent/plaintiff was to get 2% commission and 1% of the amount was to be paid as expenses to the respondent/plaintiff incurred as C & F agent. It is further pleaded in the plaint that the appellant/defendant did not pay the settled amount of commission and expenses till January, 2013 which came to Rs. 1,05,000/- and consequently the agreement dated 31. 2011 was terminated. Since the agreement was terminated, the security deposit of Rs. 5 lacs paid by the respondent/plaintiff to M/s Adonis Pharmaceuticals Pvt. Ltd became repayable and therefore an agreement dated 2 7. 2013 was entered into between the respondent/plaintiff and the appellant/defendant along with another Director of M/s Adonis Pharmaceuticals Pvt. Ltd, one Mr. Nazar Ahmad whereby an amount of Rs. 4 lacs was payable under this agreement dated 2 7. 2013 by the appellant/defendant and a sum of Rs. 2,05,000/- was to be paid by the other Director Mr. Nazar Ahmad. Since the amount of Rs. 4 lacs which was payable by the appellant/defendant to the respondent/plaintiff in terms of the agreement dated 2 7. 2013 was not paid, hence the respondent/plaintiff filed the subject suit.