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1997 Supreme(Del) 965

K.S.GUPTA
P. AND S. INDIA CORPORATION – Appellant
Versus
PREMIER TOOLS – Respondent


Advocates Appeared:
BHASKAR TANEJA, RAHUL SRIVASTAVA

K. S. GUPTA

( 1 ) PLAINTIFFS have filed this application under Order 39 Rules 1and2 read with Section 151 Civil Procedure Code inter-alia alleging that husband of plaintiff No. 2, late V. N. Sarna had entered into an agreement dated 1. 10. 1995 with defendant No. 1. Under the agreement, plaintiffs were to provide space, power and water etc. at the cost of defendant No. 1 while plaintiff No. 1 was to provide technical skill for the purpose of manufacturing the goods. In lieu of use of space etc. , defendant No. 1 was to give to plaintiff No. 1 commission equivalent to 10% of the value of the manufactured goods subject a minimum of Rs. 1,200. 00 per month. After the death of V. N. Sarna, plaintiff No. 2 and her power of Attorney holder have been denied access to the factory premises for ascertaining the quantum of the goods produced by defendant No. 1. In violation of the aforesaid agreement, defendant No. 1 inducted defendants 2 and 6 to 9 to use the factory premises without the consent of the plaintiffs. They are further carrying out illegal construction and installing generators for running the equipments at the factory premises. To harass the plaintiffs, on 2. 8. 97 on the instruc







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