KHANNA Vs. A TOSH AND SONS INDIA LTD

JUDGEMENT

(1.) This appeal is filed by the defendant in O. S. No. 90 of 1993 on the file of the Additional Subordinate Judge's Court, Kochi. The suit was filed by the respondent for realisation of Rs. 30,23,715.18 from the defendant with interest at 25%. The averments in the plaint are as follows:

(2.) Plaintiff is a Public Limited Company, registered under the Indian Companies Act, having its registered office at Calcutta. One of its Branches is at Wellington Island. The defendant is also a partnership Firm having its registered office at New Delhi.

(3.) The defendant entered into a contract on 28.8.1991 with M/s. Sojuzplodoimport of Moscow for the supply of 5,00,000 Kgs. of Net of South India C.T.C. Teas in 250 gms. Net each carton packed by the respondent / plaintiff at Kochi. The defendant has assigned the right in favour of the plaintiff by letter dated 21.9.1991. Towards consideration, the plaintiff had agreed to pay a commission of 5% of the FOB value of the said contract after successful completion of the contract. According to the plaintiff, in Para.4 of the plaint, the details of the three bills are given. The plaintiff sent a telex message to the defendant on 28.11.1991. The plaintiff also requested the defendant to send letter of credit for the amounts so as to forward the documents for clearing the goods.