RAMA VISION LTD Vs. TRILOK SINGH AND SONS

JUDGEMENT

(1.) THESE two civil revision petitions have been filed to call in question composite order dated 20.03.07 passed by learned Second Additional District Judge, Srinagar in two Civil Suits.

(2.) A Civil Original suit came to be instituted by M/s Raja Glass Agency, Jawahar -nagar Srinagar against M/s Ramavision Ltd. 309 Ratanjyoti, 18 -Rajendra Palace New Delhi and two other persons for recovery of an amount of Rs.7,39,000/ - along with interest at the prevailing bank rate. The case set up by respondent No.1 (hereinafter referred to plaintiff), is that defendant No.1 is registered company dealing with manufacturing of various items including glass tubes, picture tubes, & electric bulbs, having its registered office at Rajendra Palace New Delhi. It is further pleaded that plaintiff had business relation with the said Company through its authorized agents (defendants 2 and 3) who had a business establishment at Srinagar and were dealing with the like items. It is further averred that defendant No.1 initially approached the plaintiff in the year 2000 through its agents (defendants 2 and 3) at his business establishment at Jawahir -nagar Srinagar, stating that the defendant No.1 is in need of distributors/dealers and Agents for its products in the Kashmir Valley and requested the plaintiff to hold the dealership of the company for the distribution of its items. The plaintiff was informed by the defendant that in order to get the dealership of the company for distribution of its items in the Valley, the plaintiff shall have to deposit Rs.7.39 lacs as security. The case of the plaintiff is that after entering into such agreement at Srinagar, the plaintiff accordingly paid an amount of Rs.7.39 lacs to defendant(s) through Bank draft, through Vijaya Bank, branch office Court road Srinagar. The details whereof is given at para (4) of the plaint. The plaintiff further pleaded in the plaint that after the amount asked for was paid in full, neither dealership of the company was given to the plaintiff nor the amount paid was returned. In para (9) of the plaint the plaintiff has pleaded that cause of action has accrued to him against the defendants at Srinagar, firstly when the defendants after receiving the amount did not hand over the dealership to the plaintiff as per agreement and lastly on 03rd March 2006 when the legal notice was served upon the defendants and same was not replied.

(3.) ANOTHER suit was filed by M/s Trilok Singh R/o Jawahar Nagar Srinagar for recovery of an amount or Rs. 18,40,000/ -(Rs. Eighteen lacs and forty thousand) along with interest at prevailing bank rate against same defendant(s) on the identical pleas. The plaintiff has stated that at Srinagar the defendant approached him and requested him to act as Dealer/distributor for its products in the Kashmir Valley. After negotiating the deal it was agreed that the plaintiff will pay Rs.18.40 lacs as security in order to get dealership from the company. The plaintiff has further stated in the plaint that he paid Rs.18.40 lacs to defendant through Bank draft through Vijaya Bank branch office Court Road Srinagar. Details whereof is given in para (4) of the plaint. It is further pleaded in the said suit that the defendants did not allot dealership/distributor -ship to the plaintiff nor returned the amount paid. At para (9) of the plaint the plaintiff has stated that cause of action has accrued to him against defendant(s)in the matter at Srinagar; firstly when the defendant(s) after receiving the amount did not hand over the dealership to the plaintiff as per the agreement and lastly on 2.11.2005 when the legal notice was served upon the defendant(s) was not replied. The plaintiff has stated that cause of action still continues. Plaintiff has accordingly instituted the suit for recovery of aforesaid amount.