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2009 Supreme(Del) 520

S.N.AGGARWAL
Bharat Aluminium Co. Ltd. – Appellant
Versus
Maharashtra Aluminium Corporation – Respondent


Advocates Appeared:
Mr.Davinder Singh, Sr. Advocate with Mr.Jasmeet Singh and Mr.Saurabh Tiwari, Advs.
Mr.K.R.Gupta, Adv. with Mr.Nitin Gupta and Ms.Kiran Dharam, Advs.

S.N.AGGARWAL, J

1. This is a suit filed by the plaintiff against the defendant for recovery of Rs.20,19,699/- with pendente lite and future interest @ 24% p.a.

2. Briefly stated, the facts of the case are that the plaintiff is a Government company and the suit has been filed through its Executive Director, Shri P.S.Gupta. The plaintiff appointed the defendant as its consignment agent vide letter dated 27.5.1985 for a period of 11 months starting from 2.5.1985 to 31.3.1986. The defendant, as per the terms of the Consignment Agency Agreement, was required to deposit a sum of Rs.3 lacs as security with the plaintiff which was to carry interest @ 12% p.a. and the interest so accrued was to be adjusted annually against the supplies made. In further terms of the Consignment Agency Agreement, the defendant was required to raise and make invoices on customers in defendants own name on behalf of the plaintiff in respect of the goods sold by the defendant and was made responsible to pay the plaintiff full value of such invoices on due date notwithstanding the realization of the price from its customers.

3. The defendant, during the continuance of Consignment Agency Agreement, was allowed





























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