Sunil Gaur, J.

1. Impugned judgment/decree of 25th August, 2009 mandates the Appellant to pay an amount of Rs. 18,64,000/- alongwith interest @ 9% per annum to the Respondent, who was the Selling Agent of the Appellant Company by virtue of Agreement of 22nd May, 2007.

2. In terms of the aforesaid Agreement (Ex.P-1), Respondent had made a security deposit of Rs. 5 lac, which was to earn interest @ 9% per annum and Respondent was to get commission @ Rs. 80/- per case/box of country liquor and against prior payment, consignments of the liquor was supplied by the Appellant to the Respondent vide Challan/Invoices (Ex.PW-1/2 to Ex.PW-1/13). In addition, the Respondent is said to have deposited a sum of Rs. 4,50,000/- in cash and another amount of Rs. 2,16,000/- by way of a Pay Order (Ex.PW-1/14) with the Appellant on 7th June, 2007 and again on 6th July, 2007, Respondent claims to have paid Rs. 1 lac by cheque to the Appellant.

3. According to the Respondent, aforesaid payments were made in terms of the afore-referred Agreement but the Appellant had failed to supply the liquor against the payments made and thus, the Agreement between the parties stood frustrated and cancelled. As