Ashok Choudhry vs State(Gnct Of Delhi) & Ors. on 29 March, 2016

2. The factual matrix leading to registration of above FIR against
petitioner is that one Vijay Garg claimed to be the partner of M/s Puja &
Company (hereinafter referred as respondent No.2) approached the
Crl.M.C. No.3173/2005 Page 1 of 28
petitioner and other directors of company of petitioner under the name and
style of M/s Tri-X Security Pvt Ltd, registered under the provisions of
Indian Companies Act, 1956(hereinafter referred as ‘company of
petitioner’) and represented to them that M/s Puja & Company has a very
sound financial condition and able to market the goods exclusively. On
16.08.2002, a Regional Sub-Distributorship Agreement (hereinafter
referred as the ‘said agreement’) was executed between the company of
petitioner and company of respondent No.2 thereby appointing the latter
as sole distributor of the product ‘Autowatch’ a security device of which,
the company of petitioner was the sole exclusive authorised seller to sell
the product in India, Nepal, Srilanka and Bangladesh. The said agreement
was signed by petitioner on behalf of company of petitioner and Vijay
Garg, partner on behalf of company of respondent No.2. The said product
was manufactured by PFK Electronics Pvt Ltd, a South-African concern.
In terms of clause No.2.1 the said agreement, company of respondent No.2
was under an obligation to purchase the said product worth Rs.10.00 Crore
per annum. The clause No.5 relates to the terms and conditions of the
purchase. As per clause No.6.1 of the said agreement it was agreed
between the parties that ‘price payable by the purchaser to the company of
petitioner in respect of the product will be in accordance with the
agreement and shall be agreed in writing between Tri-X Company and the
purchaser at the time of placing of the relevant order’. Annexure A to the
agreement contains the standard conditions of the agreement vide clause
No.4, the purchaser and its authorised signatory i.e. Vijay Garg agreed that
they had ready and understood each term of the agreement and accepted as
binding.

Source: Indian Kanoon

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