NAV SAMAJ LTD Vs. SHAMRAO TUKARAMJI PATEL

JUDGEMENT

(1.) This revision application is filed by the original defendant against the order dated 31-7-1982 passed by the Civil Judge, Senior Division , Nagpur in Special Civil Suit No. 213 of 1980 rejecing his application under Order 2, R. 2, C. P. C.

(2.) The defendant is a company registered under the Companies Act, 1956 and owns two daily newspapers in Nagpur named ' Nagpur Times " and Nagpur Parika and has its office at Ramdaspeth Nagpur. The plaintiff was appointed sole selling agent for these two papers under written contract. Amongst other terms, the plaintiff as sole selling agent had deposited Rs. 30, 000/- as deposti with the defendant at the prescribed rates and he was entitled to commission as per terms of contract. The plaintiff filed a special Civil Judge . Senior Division, Nagpur on : 3-12-1980, for recovery of Rs. 52,443.83 detailed as under (see Table below )

(3.) The plaintiff in para 16 of his plaint stated that besides the aforesaid amount the deposited amount of Rs.20,000/- deposited on 18-9-1978 and Rs. 10,000/ deposited on 18-9- 1980 are also due and recoverable from the defendant to the plaintiff which amount the plaintiff is not asking in the present suit from the defendant and still continue to be deposit with the defendant. Thus the plaintiff has not claimed this amout in this suits. The defendant filed his written statement with counter-claim on 11-6-81 denying the claim and also the terms of contract said to have been oral between the parties. The defendant submitted that the remuneration payable to plaintiff is governed by written contract . He denied that the plaintiffis entiled. To claim Rs.30,000/- from him since be owes to the defendantthe amount in excess of his deposit.of the extent of rupees 39,000322 as on 31-7-1980. Therefore after adjusting the deposit of Rs. 30,000/- the plaintiff owed to him Rs. 8,579.65 and adding interest thereon at 12% per annum from 27-7-1980, when the agency of the plaintiff was terminated he filed a counter-claim of Rs. 9,360.65, praying for dismissal of plaintiff 's suti and a decree for this amount along with costs and future interest or in the alternative for the amount found along with costs and future interest or in the alternative for the amount found due after adjusting the claim of the plaintiff aginst him,if any .