IA No. 11940/2001

1. This is an application filed by the Defendant under Order VII Rule the plaint.

2. The suit is for recovery of sum of Rs.1,00,17,972/- together with future interest at the rate of 25% per annum from the date of the institution of the suit till realization.

3. According to the Plaintiff it is a proprietary concern through its sole is a proprietary concern and Mr. Narendra Kumar Rajgarhia is its sole proprietor. The Plaintiff claims to have introduced the Defendant to result thereof the Defendant signed a Memorandum of Understanding November 1992 and thereafter an agreement dated th November 1992 with PEEL for the purchase of tea for export to Russia. According to the Plaintiff, the Defendant had in consideration of the services rendered by the Plaintiff agreed to pay to the Plaintiff commission at the rate of Rs.15/-per kg of tea purchased by the Defendant from PEEL. The Plaintiff also claims to have arranged for the purchase of tea by the Defendant directly from M/s. Mahavir Plantations Cochin subject to payment by the Defendant commission at the rate of Indian rupee equivalent of US Dollar 0.05 for each kg of tea purchased by the Defendant from M/s. M