M.N.Roy, J. - (1.) The petitioner, R. G. Sales (P.) Ltd., (hereinafter referred to as "the said petitioners"), is a company incorporated under the Companies Act, 1956, and in the petition it has been stated that the said petitioner carries on business, inter alia, of supplying technical know-how in respect of steel foundries, electric arc furnaces and/or for the manufacture of alloy steel castings, etc. It was the case of the said petitioner that M/s. Ashoka Cement Ltd. has a unit known as Ashoka Steels at Dalmianagar in Bihar, where steel castings are manufactured.
(2.) The said petitioner has further stated that by an agreement dated 13th December, 1969, entered into between them and the said Ashoka Steels, the said petitioner was appointed as selling agents-cum-technical advisers, to handle the sale of the said Ashoka Steels in India and to render technical advice to them, for the manufacture of various products in the concerned steel foundry. Such agreement was valid for three years with effect from 1st October, 1969. It has also been stated, that by the said agreement, the said petitioner was appointed as selling agent of the products of the said Ashoka Steels throughout India, apart from having a power to appoint other agents, on such terms and conditions as the said petitioner may deem fit and proper. The particulars of the requirements under the agreement dated 13th December, 1969, as mentioned above, have been mentioned in the petition and the said petitioner has further stated that under the said agreement they were required to take steps for improved production and also to prepare and submit a project report with a complete study of the existing facilities and such facilities which would be required. The said petitioner has stated that in terms of the said agreement, they have made a detailed study of the concerned steel foundry and the plant and so also the machineries and provided the said Ashoka Steels the required technical know-how for the purpose of a proper running of the concerned steel foundry and for improved production.
(3.) The said petitioner has stated that there was another agreement dated 30th October, 1972, which was entered into between them and the said Ashoka Steels and by that agreement also they were appointed as technical adviser with effect from 1st October, 1972, for the purpose of rendering technical assistance in connection with the concerned steel and alloy steel foundry of the said Ashoka Steels and that too for the manufacture of steel castings amongst others. The particulars of this agreement have also been mentioned in the petition and the said petitioner has further stated that in terms of the same they have made a detailed study of the concerned steel foundry and plant and so also the machines of the said Ashoka Steels for providing them the necessary technical know-how for a proper running of the foundry and for improving the production.;