S.K.MAHAJAN
SANJAY KUMAR DALMIA – Appellant
Versus
TOBU ENTERPRISES LIMITED – Respondent
( 1 ) WITH the consent of parties the matter has been heard and is being disposed of finally.
( 2 ) PLAINTIFF/respondent had filed suit for rendition of accounts on the allegations that the respondents/defendants were appointed as C and F agents by the plaintiff for the State of Bihar and an agency agreement dated 26/08/1995 was duly entered into between the parties. Under the agreement, the respondents were entitled to commission at the rate of 5% for the work done by them for the plaintiffs. It is submitted that the defendants failed to fulfil their obligations under the agency agreement and they were, therefore, repeatedly called upon by the plaintiff to settle the accounts and pay the amount allegedly due to the plaintiffs but the defendants had been intentionally avoiding the same. It is submitted that plaintiff was entitled to a decree for rendition of accounts. It is further submitted that a sum of Rs. 7,27,738. 46 paise remained to be accounted for by the defendants. It is submitted that the plaintiffs withheld with them a sum of Rs. 2 lacs deposited by the defendants as security which was liable to be adjusted/forfeited towards the amount allegedly due to the
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