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2012 Supreme(Ker) 243

S.S.SATHEESACHANDRAN
K. L. Constantine – Appellant
Versus
Bruss Foods B. V. – Respondent


Advocates Appeared:
For the Petitioners:A. Sudhi Vasudevan, Smt. K. Pushpavathi, Jose Jones Joseph, Advocates.
For the Respondents:C.N. Sreekumar, Advocate.

Judgment :

1. The original petition has been filed seeking the following reliefs:

i. to call for the records in I.A. No. 3436 /2011 in O.S. No.43/2009 on the file of the Ist Additional Sub Court, Ernakulam.

ii. To set aside Ext.P6 order.

iii. To issue such other appropriate writ, order or direction with this Honorable Court deem fit

iv. To award cost of proceedings.

2. Petitioners are the defendants 1 and 2 in O.S. No. 43 of 2009 on the file of the Ist Additional Sub Court, Ernakulam. Suit is one for recovery of money and mandatory injunction. Ext. P1 is the copy of the plaint. Plaintiff is engaged in the business of trading sea food including tuna, and its operations involve procurement of sea food from various countries and also supply to other countries. It had business transactions for a period of time from 2006 to 2007 with the 1st and 2nd defendants, and on several occasions it placed orders with the 1st defendant to various persons identified by the plaintiff. According to the terms of each contract, plaintiff was entitled to a commission of 5 % on the sale price of each consignment. Under the purchase contracts entered between the plaintiff and the 1st defendant on various












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