S.P.GARG
LUCKNOW MEDICAL AGENCIES – Appellant
Versus
RAJ KUMAR (Second) – Respondent
S.P. GARG, J.
1. Lucknow Medical Agencies (hereinafter ‘the appellant’) has preferred the present appeal under Section 100 of the Civil Procedure Code to challenge the legality and correctness of a Judgment dated 21.10.2014 of learned Additional District Judge in RCA No. 2/2013 tilted M/S Lucknow Medical Agencies vs. Raj Kumar (Second) whereby findings of the Trial Court in the judgment and decree dated 21.01.2013 in Suit No. 247/2006 were confirmed. The appeal is contested by the respondent.
2. I have heard the learned counsel for the parties and have examined the file. It is relevant to note that the appellant had filed a suit against the respondent for the recovery of Rs. 1,56,020.54 claiming that the respondent did not pay the said amount after he left the job with the appellant on 12.12.1995. It was averred that the respondent was employed with the appellant since 1980 and was working as a Billing Assistant. Apart from the said employment, the respondent used to supply medicines to various chemists on his own from the appellant’s firm to get commission. The medicines were supplied to the respondent on credit basis and the respondent used to deposit the proceeds with th
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