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Hyt Engineering Company Pvt. Ltd vs S.K. Suri on 9 September, 2022

Author: Rekha Palli

Bench: Rekha Palli

                          $~27
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    RFA 433/2022 & CM APPL. 39720/2022 (stay)
                               HYT ENGINEERING COMPANY PVT. LTD. ..... Appellant
                                               Through: Mr.Zoheb Hossain with Mr.Sanjeev
                                               Menon, Advs.

                                                     versus

                                 S.K. SURI                                             ..... Respondent
                                                     Through:

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

% 09.09.2022

1. The present appeal seeks to assail the judgment and decree dated 13.05.2022 passed by the learned ADJ, Karkardooma Courts, Delhi in CS No.58023/2016.

2. Vide the impugned judgment, the learned Trial Court has decreed the suit of the respondent plaintiff for a sum of Rs.67,46,467/- with interest @ 10% per annum after holding that the respondent, by virtue of his retainership agreement with the appellant, was entitled to 0.5% commission of the value of the two contracts executed by the appellant as referred to in the impugned judgment.

3. Learned counsel for the appellant submits that this finding is wholly perverse as once the retainership agreement of the respondent stood terminated, there was no question of the appellant paying him any amount towards commission in respect of contracts, which were executed after the termination of his retainership.

4. Upon the appellant taking steps, issue notice to the respondent through all permissible modes.

5. Reply, if any, to the application for stay be filed within six weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.

6. Till the next date, subject to the appellant depositing the principal amount of Rs.67,46,467/- with the Registrar General of this Court within four weeks from today, the operation of the impugned judgment and decree will remain stayed.

7. In the meanwhile, the LCR be requisitioned and digitised before the next date.

8. List on 23.03.2023.

REKHA PALLI, J SEPTEMBER 9, 2022 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:12.09.2022 12:33:44