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2005 Supreme(Mad) 1660

P.K.MISRA, N.KANNADASAN
Batliboi & Company Ltd & Another – Appellant
Versus
Beama Manufacturers P. Ltd. – Respondent


Advocates Appeared: For the Appellants:K. Ramachandran , Advocate, K. Mani, Senior Advocate. For the Respondent:Rathina Asokan, Advocate.

Judgment :-

P.K. Misra, J.

The present appeal has been filed by the defendants against the decree of the learned single Judge in C.S.No.664 of 1995 dated 12.4.2000.

2. The plaintiff / respondent filed the aforesaid suit for realization of a sum of Rs.54,87,973/- with interest at the rate of 24% on the principal sum of Rs.54,87,973/- from the date of the suit till payment.

3. The plaintiff, a private limited company, is a registered Small Scale Industry manufacturing domestic/industrial/agricultural monoblock electric motor pump sets under the brand name ‘BEACON’ under the licencee Agreement from Best & Crompton, who are the owners of such trademark. The first defendant is a commercial trader engaged in selling and distributing various goods. The first defendant was the dealer of the plaintiff in respect of the aforesaid pump sets throughout India during the period from 1985 to 1993. On the basis of the comprehensive orders placed by the first defendant, the plaintiff used to despatch the goods to various branches and at times the various branches are directly placing orders with the plaintiff. The plaintiff under the advice of the first defendant used to raise the invoices in the n










































































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