SHREE BAIDYANATH AYURVED BHAWAN LTD Vs. BHATIA ENTERPRISES

JUDGEMENT

(1.) THE effectual adjudication of the controversy would be facilitated by noticing the attendant circumstances in the first instance.

(2.) THE petitioner herein is a registered company which manufactures Ayurvedic and patent medicines which are perishable in character. Respondent no.1 herein was, at one point of time, a clearing and forwarding agent of the petitioner for the activities of the latter in the State of Punjab. The contractual relationship between the petitioner and the respondent no.1 (and also respondent No. 2) was governed by agreement dated 1.10.1999 (Annexure P-1) which had been executed and registered at Jhansi (UP). On account of certain circumstances, the petitioner company cancelled the agency of respondent no.1. The petitioner also lodged a FIR (No. 303 dated 14.11.2001 under Sections 406,468 and 471 IPC, Police Station, Kotwali, Jhansi-Annexure P-2). The prosecution, in that context, is pending in the court of the learned Chief Judicial Magistrate, Chandigarh.

(3.) AS a counter blast thereof, the respondent no.1 put forward a forged agreement dated 1.4.1999. No such agreement exists. Neither the original agreement nor a copy thereof had ever been produced by the respondent no.1 in the course of the proceedings between the parties. On that account, the petitioner filed a criminal complaint No. 3297 dated 5.6.2003 which is pending consideration in the Court of the Chief Judicial Magistrate, Jhansi.