HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
CM No.31257/2018 (Exemption)
Exemption allowed subject to just exceptions.
CM stands disposed of.
1. This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC ) is filed by the plaintiff in the suit
impugning the Judgment of the Trial Court dated 28.3.2018 by which
RFA NO.628/2018 Page 1 of 3
the trial court has dismissed the suit for recovery of monies filed by
the appellant/plaintiff for a sum of Rs.4,15,755/- along with interest.
2. I need not narrate the facts in detail however, the limited
facts which require attention are that the appellant/plaintiff claims to
have been appointed as a dealer for the cosmetics/goods by respondent
nos. 1 and 2/defendant nos. 1 and 2 under an agreement but which
agreement was kept with the respondent nos. 1 and 2/defendant nos. 1
and 2 and the appellant/plaintiff does not even have copy of the same.
It is further the case of the appellant/plaintiff that the goods in
question were to be sold and routed to the appellant/plaintiff through
the Super-Stockist of respondent nos. 1 and 2/defendant nos. 1 and 2
and who was the respondent no.3/defendant no.3 in the suit. Since the
accessories division was closed down by the respondent
no.3/defendant no.3, consequently the cause of action pleaded in the
plaint is that unsold stocks lying with the appellant/plaintiff should be
taken over either by the respondent nos. 1 and 2/defendant nos. 1 and
2 with whom the appellant/plaintiff had an agreement or the
respondent no.3/defendant no.3 from whom the stocks used to be
purchased by the appellant/plaintiff.
Source: Indian Kanoon