LAWS(NCD)-2007-7-55

RASIK LAL BABU LAL PATADIA Vs. ARYA BHATTACHARJEE

Decided On July 06, 2007
RASIK LAL BABU LAL PATADIA Appellant
V/S
ARYA BHATTACHARJEE Respondents

JUDGEMENT

(1.) Appellant Rasik Lal Babu Lal Patadia was the opposite party No. 2 before the State Commission in a complaint filed by the complainant Arya Bhattacharjee, the sole Proprietor of Raja & Co. a proprietary firm.

(2.) Very briefly the facts leading to the filing of the complaint were that the second respondent, Sharda Drugs and Industries Ltd., had appointed the complainant Arya Bhattacharjee, the distributor of the company on certain terms and conditions. It was the case of the complainant that the respondent company suddenly withdrew work orders and intimated the complainant that they were suspending their marketing operation in West Bengal. It was the case of the first complainant that he had created a huge establishment for his distribution work, and unilaterally terminating the agreement was a case of deficiency in service on the part of the second respondent Sharda Drugs and Industries Ltd. It is in these circumstances that a complaint was filed before the State Commission where an ex parte order was passed against the opposite parties, i.e., the appellant and second respondent, directing them to pay, in all, Rs. 7,56,918 along with interest @ 18% w.e.f., 1.3.1996. Aggrieved by this order this appeal has been filed before us.

(3.) We heard the learned Counsel for the parties and perused the material on record.