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2006 Supreme(Del) 940

A.K.SIKRI
EASTERN MEDIKIT LTD. – Appellant
Versus
R. S. SALES CORPORATION – Respondent


Advocates appeared:
For the Plaintiff:Mr. Shailen Bhatia, Advocate.
For the Defendants:Mr. S.K. Mishra and Mr. Ajay Malhotra, Advocates.

JUDGMENT

A.K. Sikri, J.- The plaintiff has filed this suit for recovery of Rs.84,17,996.80. Further, a sum of Rs. 17,00,754/- is claimed on account of non-supply of Central Sales Tax Form C. The suit is founded on the allegations that the defendant No. 1 which is the sole proprietorship concern of the defendant No. 2 was appointed as stockist of the plaintiff and a super stockist agreement dated 20th April, 1999 was entered into between the parties. The defendant No. 1 was appointed as the super stockist for the territory of Uttar Pradesh on non-exclusive basis. Under the said agreement, the goods were to be supplied by the plaintiff to the defendants and the defendants were to sell those goods. It is averred that the plaintiff used to regularly supply material to the defendants and the defendants were sending payments on regular intervals. The plaintiff and the defendants were maintaining a running account. There are other allegations made in the plaint stating the reasons because of which disputes arose between the parties as according to the plaintiff there were huge outstanding and the plaintiff had to write various letters to the defendants for making the payments. As on 1st Ap
























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