SAMSUNG INDIA ELECTRONICS PVT LTD Vs. MGR ENTERPRISES

JUDGEMENT

(1.) Crl. M.A. No. 11285/2019 (Exemption)

(2.) Briefly stated, the facts of the present case as per the complaint are that the complainant/petitioner is a company duly incorporated under the Companies Act and is in the business of manufacture and sale of consumer electronics and home appliances with the brand name of "Samsung" and is represented by its AR/Assistant Manager Manish Aggarwal. Respondent No.1 is a partnership firm and respondent no.2 to 6 are partners in the firm. The petitioner company had appointed respondent firm as its dealer for Samsung products pursuant to which the respondent firm placed orders for supply of various home appliances which were supplied by the petitioner company against which a running account of the respondent firm was maintained by the petitioner company.

(3.) At the time of appointment of the respondent firm, it had issued a letter enclosing two duly signed cheques bearing no. 569323 and 569324 drawn on Union Bank of India, Somajiguda, Hyderabad to the petitioner with an understanding that in the event of any amount due and payable by the respondent firm to the petitioner company, the petitioner company shall be authorized to fill up the date and such amount on the cheque as remains unpaid by the respondent firm. The cheques were duly signed by respondent no.5 and were issued with the consent of respondent no.2, 3 and 4. It was also agreed between the parties that in case the respondent firm changed the signatory of the cheques or closed the account, the respondent shall replace the aforesaid cheques by providing the petitioner with new cheques either from the same account or from a new account as the case may be.