DEVYANI FOOD INDUSTRIES PVT. LTD. Vs. NEELKANTH AGENCIES

JUDGEMENT

(1.) Revision petition has been filed under Article 227 of the Constitution of India for setting aside order, Annexure P-1 dated 08.11.2016 passed by the learned Civil Judge (Sr. Div.), Faridabad rejecting in part application (Annexure P-2) moved by the petitioner/defendant for permission to lead secondary evidence under Section 65/66 of the Indian Evidence Act.

(2.) Brief facts of the case leading to the filing of the revision petition are that the respondent/plaintiff filed a civil suit dated 16.02.2011 for recovery of Rs.5,91,896 along with future and pendent lite interest on the ground that it was engaged in the business of marketing and trading of Ice Cream and was one of the distributors appointed by the petitioner/defendant-Company, that Distributorship Agreement dated 20.03.2003 was entered with the petitioner-Company for three years which was extended from time to time against deposit of Rs.3.00 lacs towards assets and distributorship security in the month of March 2003, that said agreement was orally terminated in March 2010 without assigning any reasons, whereafter the petitioner/defendant was requested to finalize accounts and release outstanding payment and security deposit but instead the petitioner/defendant started raising false and frivolous disputes against the plaintiff/respondent regarding return of 52 push carts and two deep freezers whereupon legal notice dated 31.07.2010 was served by the petitioner/defendant Company upon the respondent/plaintiff claiming amount of Rs.17,92,000/-. It needs noticing here that as per paragraph No.7 of the plaint, material against invoice Nos.300 and 301 dated 19.03.2010 and 23.03.2010 respectively was never received.

(3.) That the petitioner/defendant-Company filed a written statement along with counter-claim for recovery of Rs.2,74,033 /- along with future interest and also sought relief of mandatory injunction for directing the respondent/plaintiff to return 54 push carts and two deep freezers in good conditions. In paragraph No.5 of the preliminary submission as well as paragraph No.7 on merits of the written statement, besides, in paragraph No.6 of the counter claim, reference was made to invoices dated 19.03.2010 and 23.03.2010 and copies thereof were also attached. During pendency of the proceedings, application was moved by the respondent/plaintiff under Order 11 Rule 14 CPC in the main suit for directing the petitioner/defendant to place on record copy of agreement dated 18.05.2007 relied upon by the petitioner/defendant in the written statement which as per the plaintiff did not exist.