JUDGMENT

This first appeal under Section 96 of the Code of Civil Procedure has been preferred against the judgment and decree dated 25.01.2003 passed in Civil, Suit No. 4-B/2002 by the XVIII Additional District Judge (Fast Track), Jabalpur. The suit having been decreed in favour of respondent No. 1/ plaintiff, the defendant No. 1 has come before this Court as appellant in this appeal. The facts giving rise of filing of this appeal are summarized herein after.

2. An" agreement was executed between the appellant and respondent No. 1/plaintiff for performing certain duties and rendering certain services to the appellant by the respondent No. 1 in execution of certain tender works, supply of materials, realization of bills etc. The appellant is involved in manufacturing of Cold Forged Precision Components and is registered as a Company under the Companies Act, having its registered office at Chennai (Tamilnadu). The respondent No. 1 was running an agency in the name and style of 'Premier Agency', which was earlier a partnership firm but subsequently was devolved into a proprietary firm of which the respondent No. 1 alone was the owner. The respondent was undertaking the work of agency an