TEXEM ENGINEERING Vs. TEXCOMASH EXPORTS

JUDGEMENT

(1.) THIS is an application filed by the Defendant under Order VII Rule 11 of the Code of Civil Procedure 1908 ("CPC") seeking rejection of the plaint.

(2.) THE suit is for recovery of sum of Rs. 1,00,17,972/ - together with future interest at the rate of 25% per annum from the date of the institution of the suit till realization.

(3.) THE plaintiff based its claim on two documents, the originals of which have been placed in a sealed cover in these proceedings. The first is an agreement dated 1st September 1995 whereby the Defendant confirmed that it would pay commission at the aforementioned rate of Rs. 15/ - per kg for the total quantity of tea purchased by defendant to the plaintiff. The second document is a purported settlement deed dated 26th March 1996. The plaintiff has in the plaint sought to explain the circumstances under which the said two documents came to be executed.