V F JOHN YESUDHAS Vs. B UTTAM CHAND; MAHAVEER COMMUNICATIONS (P) LTD; MAHAVEER COMMUNICATIONS; HELLOCELL INFRATEL PVT LTD; C J MARKETING PVT LTD

JUDGEMENT

(1.) The suit is filed for declaration that the plaintiff is not due and owing to the defendants, their companies and concerns in whatever name and composition they may be styled, any sum under the transactions between the plaintiff and the defendants, except the sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) agreed to be paid as goodwill and to render true and faithful account of all transactions between the plaintiff and the defendants in respect of supply of mobile phones to WAVETEL, the plaintiff's erstwhile enterprise and for a mandatory injunction directing the defendants to surrender all cheques and pro-notes obtained from the plaintiff and Wave Communications (P) Ltd.

(2.) The plaintiff was a Proprietary concern in January 2003, named as Wave Communication, engaged in competitive retail sale of Mobile phones of various manufacturers under the name and style of "WAVETEL". The plaintiff was managing the affairs of the concern and was pioneer in the retail mobile business in Chennai with 21 outlets in Tamil Nadu. The plaintiff had also developed his business and gained enormous goodwill. The plaintiff would place orders with the manufacturers of various mobile phones for the supply of defined models and the suppliers would direct the plaintiff to receive them from the distributors such as the defendants and other concerns.

(3.) The first defendant was running several concerns in various names, like M/s. Mahaveer Communications (P) Ltd., M/s. Mahaveer Communications, M/s. Hellocell Infratel Pvt. Ltd., M/s. C.J. Marketing Pvt. Ltd., who are shown as defendants 2 to 5 in the suit.