HINDUSTAN ANTIBIOTICS LTD Vs. KOHLI MEDICAL STORES

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 10-8-1994 passed by the IInd Additional District Judge of Gwalior, whereby the suit of the plaintiff/respondent No. 1 was decreed for recovery of Rs. 38073 with pendente lite and future interest at the rate of Rs. 12 per cent per annum. Costs was also allowed.

(2.) ADMITTED facts are that the defendants/appellants have a manufacturing unit of medicines at Pune. They were supplying antibiotics etc. in different parts of the country. Respondent No. 1/plaintiff, residing at Gwalior, was their commission agent. An agreement between the parties was entered into for marketing, supply of the products produced by the defendants/appellants. Respondent No. 1 M/s Kohli Medical Stores was their commission agent for Gwalior region. In accordance with the terms of the agreement entered into between the parties, respondent No. 1 was entitled to his commission fees from the appellants.

(3.) LATER on some dispute arose and the respondent No. 1 claimed that out of the commission fees of agency, Rs. 38,073/- remained due to respondent No. 1, which was not paid by the appellants, hence the suit was filed for its recovery. The plaintiff/respondent No. 1 had alleged that the agreement between the parties continued upto 31st of March, 1985 and the unpaid amount of commission fees was Rs. 38,073/- which the appellants refused to pay.