M.SUNDARARAJAN Vs. RAMESH MARKETING

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the trial Court allowing the application filed by the respondent/plaintiff seeking reception of additional documents which were not filed along with the plaint.

(2.) The respondent herein filed a suit for recovery of money based on business transaction with the petitioner. According to the respondent, it is a distributor of ''Mobil Lubricants'' and it supplied its products to petitioner/defendant on credit basis. The petitioner had credit dealings with the respondent from 21/3/2019 to 19/2/2021 and in that connection, the petitioner owed a sum of Rs.8,81,768.00 to the respondent. Apart from the credit dealings, the petitioner received a sum of Rs.5,00,000.00 on 7/3/2017 from the respondent towards Marketing Assistance Programme Agreement (MAP). As per the agreement, the petitioner has to sell 12,600 litres of products mentioned in the agreement within a period of 36 months. The petitioner did not reach the agreed turn over as per the terms of the agreement and hence it was liable to return the amount proportionately to the respondent together with applicable GST etc., In that account, a sum of Rs.2,06,925.00 was due from the petitioner to the respondent, hence the suit was laid for recovery of a sum of Rs.11,23,963.00 which represents the Principal amount due to the respondent and the interest compounded.

(3.) The suit was resisted by the petitioner by denying the various averments found in the plaint. It was specific case of the petitioner, during the period 2018-2019, it returned certain quantities of supplied products to the respondent. It was also stated that under the "MAP" agreement, only a sum of Rs.31,000.00 was payable to the respondent and the same was confirmed by the Business Manager of the respondent.