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1999 Supreme(Del) 148

S.K.MAHAJAN
G. D. GRIN FLORA RESORTS PRIVATE LIMITED – Appellant
Versus
KUHN-RIKON ASIA PTE. LIMITED – Respondent


Advocates Appeared:
GITA LUTHRA, MANISH, PINKY ANAND, Sanjiv Bahl

S. K. Mahajan

( 1 ) THE plaintiff has filed this suit for injunction, declaration and rendition of accounts on the allegations that by an agreement dated October 10,1997 the plaintiff was appointed the sole, aurhorised sales and service representative for the Indian market of the Spring products of the defendant. The agreement was to commence from the 1st day of October, 1997 and was to continue until such time as either party gave three months notice in writing of its intention to cancel the agreement to the other. As per note to the agreement, it was stated that "at the moment, practically, only those hotels earning a lot of foreign currencies, can afford to buy Spring, let say 5 stars and 5 star deluxe. From the paper, we can forecast a possibility to work as a short term (3 years, 98-99-2000) on about 10 projects per year of this class plus obviously we can promote to all the existing hotels around India". Relying upon this note, it is the case of the plaintiff that the agreement was for a period of three years and as the defendant had by notice dated 24th November, 1998 expressed its intention to terminate the agreement by three months notice expiring on 28th February, 1999, th








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