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2007 Supreme(MP) 1223

B.M.GUPTA
Mallika Srinivasan – Appellant
Versus
Mani Prakash Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vivek Tankha, Krishna, Ankur Mody
For the Respondent: V. S. Chaturvedi, Raju Sharma

ORDER :

Both the petitions are arising out of the same dispute between the same parties, M/s. Mani Agro Industries Station Road, Datia, respondent No. 1/complainant represented through its proprietor Mani Prakash Sharma at one side (complainant in short) and the petitioners being office bearers of M/s. Eicher Ltd. Industrial Area Mandideep, Bhopal at the other side (hereinafter petitioners will be referred to as accused and M/s Eicher Ltd. as company), hence both have been heard and are being disposed of together.

2-A The facts in brief, as revealed from complaint dated 31-7-2006 filed by the complainant against Smt. Mallika Srinivasan MD, Rajiv Sharma Regional Manager, Sunil Pahel and Samir Garg Area Managers of the company are, that complainant, a proprietor firm was appointed as dealer by the company in May, 1999 on depositing Rs. two lacs as security amount. The terms of the agreement included, complainant was to receive old tractors from the customers and sale the new tractors to them for which an incentive was to be paid by the company. In order to complete fix target company was billing the tractors in the months of March every year in the name of the complainant without actua

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