BIRLA CORPORATION LTD Vs. ATAL STORES

JUDGEMENT

(1.) Heard Mr. B. D. Deka, learned counsel for the appellant. Also heard Mr. J. C. Gaur, learned counsel for the plaintiffs/ respondents.

(2.) The present appeal is filed assailing an order dtd. 24/7/2015 passed by the learned Civil Judge No. 1, Kamrup (M) at Guwahati whereby the prayer of the appellant/defendant to return the plaint was rejected. The present litigation is having chequered history of litigation.

(3.) The plaintiffs/respondents initiated Title Suit being Title Suit No. 20/2005 before the learned Court of Civil Judge No. 1 (Sr. Division), at Guwahati (now Civil Judge No. 1) for realization of an amount of Rs.16,36,67,493.27. It is the case of the plaintiff/respondent that the defendant appointed the plaintiff No. 1 as its Consignment Agent for clearing, forwarding, storing and promoting the sale of its cement in the North Eastern Region on consignment basis on its behalf by way of stock transfer against "F" Form under the Central Sales Tax Act etc and an agreement has been executed between the parties on 13/6/1986.