COLGATE PALMOLIVE INDIA LTD Vs. T J GEORGE

JUDGEMENT

(1.) THIS second appeal is filed by the defendant, inveighing the judgement and decree dated 26.9.2003 passed by the Fast Track Court-II, Chennai, in A.S.No.312 of 2001 confirming the judgement and decree dated 31.7.2001 passed by the VII Asst.Judge, City Civil Court, Chennai, in O.S.No.12235 of 1996, which was filed for damages.

(2.) DESPITE notice having been served on the respondent and his name also appearing in the cause list, he has not chosen to appear either in person or through an advocate.

(3.) CHALLENGING and impugning the judgements and decrees of the Courts below, the second appeal has been filed on various grounds, inter alia to the effect that the very agreement, as contained in Ex.A1, was not in vogue during the year 1994; no bank guarantee was extended covering the period during 1994; the cost of the freight was enhanced and all those actors were not in accordance with Ex.A1, but on mere oral arrangement, and in such a case, the Courts below failed to take into account all those salient features, but simply decreed the suit.