Indian Kanoon - Search engine for Indian Law

44. In this regard, plaintiff has produced Ex.P.14 to 16 and Ex.P.66 & Ex.P.67 i.e., cancellation of forward contract letter written by plaintiff to SBM. These document reveal that plaintiff had booked the Forward contract on 23/10/2009 and cancelled it before expiry period i.e., on 14/12/2009 and SBM had charged the amount for cancellation of these contracts totally amounting to Rs.25,935.51/-.

45. Plaintiff has produced the e-mail conversation between plaintiff and defendant pertaining to this contract. Defendant in the written statement denied his responsibility for cancellation of this contract. He contended in the written statement that plaintiff could not immediately take decision on the order placed by Spade Works and has booked forward contract only in December 2009 after defendant ceases to be in employment with Plaintiff Company and thus, he is not responsible for its cancellation. In the cross-examination, defendant has taken separate contention that MD of Plaintiff Company told him that Spade Works Company is a new customer and plaintiff cannot invest much amount and raw- materials and restricted to lesser amount. He further stated in his cross-examination that plaintiff could not purchase even raw-materials for fulfillment of the purchase orders and hence, cancelled the Letter of Credit.

48. In this regard, P.W.1 was cross-examined at page No.15 & 16. In the said cross-examination, P.W.1 admits Ex.D.5 & Ex.D.6 i.e., e-mail correspondences with defendant along with order confirmation contract by Spade Works. Ex.D.5 is dated 2/12/2011 at 4.31 p.m. by P.W.1 to D.W.1 that some of the terms and conditions cannot be acceptable at all; has they made these at the beginning, they could save some time. It further contains the forward message dtd:23/10/2009 at 17.45.33 hours by Raghavan from Spade Works to Vinod of plaintiff company. It reads as follows:-

51. In this regard, P.W.1 has deposed that the terms and conditions sent by Spade Works is available in their office and there is no impediment for him to produce them and he admitted that on 23/10/2009 itself, he sent said e-mail to defendant. He further admitted that he booked forward contract in December 2009. But, as stated above, it is contrary to Ex.P.14 to Ex.P.16 and Ex.P.66 and Ex.P.67. On 23/10/2009 itself, plaintiff has booked forward contract. After his cross-examination, P.W.1 has produced Ex.P.66 & Ex.P.67. Though P.W.1 had booked forward contract on 23/10/2009 itself, the above cross- examination of P.W.1 coupled with his admission regarding Ex.D.5 & 6, it is crystal clear that the employee of Spade Works contacted Vinod and not defendant directly and the order confirmation contract was sent to Vinod and not to defendant. Vinod is one of the employees of plaintiff company. Hence, it is to be held that on 23/10/2009 itself, by looking into order confirmation contract only, plaintiff might have booked the forward contract. There is no material to show that it is defendant's mis-representation alone is the cause for cancellation of said forward contract. Hence, it cannot be said that plaintiff has inevitably cancelled the contract for Spade Works due to mis-representation of defendant.

(a) Plaintiff's side :

P.W.1 - B.R.Vasuki

b) Defendant's side :

D.W.1 - Ramaraj

c) Court' side:-

C.W.1 - Smt.C.V.Jayadevi II. List of documents exhibited on behalf of :

(a) Plaintiff's side :

       Ex.P.1          Ledger account extract for the
                       period from 1/4/2009 to 7/9/2010
       Ex.P.2          Statement of account
       Ex.P.3          Bill issued by Taste of India
       Ex.P.4          Bus ticket
       Ex.P.5          Petty cash voucher dtd:8/10/2009
       Ex.P.6          Pre-paid taxi bill
       Ex.P.7          Galaxy Hotel bill
       Ex.P.8          Petty cash voucher dtd:7/5/2009
       Ex.P.9 &        2 receipts issued by BIAL
       Ex.P.10
       Ex.P.11         Pre-paid taxi bill
       Ex.P.12         Punjab hotel bill
       Ex.P.13         Taxi bill
       Ex.p.14         Copy of the letter dtd:14/9/2010
       Ex.p.15 &       2 SBM letters both dtd:14/12/2009
       Ex.P.16
       Ex.P.17         Ledger account extract for the
                       period from 1/4/2009 to 7/9/2010
       Ex.P.18 to      7 payment vouchers
       Ex.P.24
       Ex.P.25         Copy of the legal notice
                       dd:28/10/2010
       Ex.P.26 to      3 postal receipts
       Ex.P.28
       Ex.P.29         Certificate of posting
       Ex.P.30 to      3 unserved postal envelops
       Ex.P.32
       Ex.P.33 to      Print outs of e-mails conversation
       Ex.P.59         between plaintiff, defendant and
                       others of different dates
       Ex.P.60 &       2 certificates of compliance of S.65
       Ex.P.61         B(4) of the Indian Evidence Act
       Ex.P.62 to      3 print outs of air tickets
       Ex.P.64
       Ex.P.65         Letter written by defendant to
                       plaintiff company





        Ex.P.66 &      2 correspondence letters between
        Ex.P.67        plaintiff and SBM
        Ex.P.68        Vakalath of defendant
        Ex.P.68(a)     Signature of defendant



    (b)    Defendant's side : -


        Ex.D.1         E-mail dt:3/4/2009 at 7.56 p.m.
                       sent by plaintiff to defendant
        Ex.D.1(a)      Attachment to Ex.D.1
        Ex.D.1(b)      Relevant portion marked in Ex.D.1
        Ex.D.2         Appointment letter given by
                       plaintiff to defendant dtd:9/4/2009
        Ex.D.3         E-mail correspondence between
                       M/s.Impulse and the defendant
                       dtd:26/11/2009
        Ex.D.4         Relevant portion marked in Ex.P.34
        Ex.D.5 &       E-mail correspondence issued by
        Ex.D.6         Spade Work to defendant
                       dtd:2/12/2011 along with order
                       confirmation contract
        Ex.D.7 &       2 e-mail conversations between
        Ex.D.8         defendant and his customers
        Ex.D.9         Certificate u/s 65-B of Evidence Act
        Ex.D.10        Notice


   (c) Court' side:-


        Ex.C.1         Commissioner Report


                            (K.B.GEETHA)
             XIX ADDL.CITY CIVIL & SESSIONS JUDGE,
                          BANGALORE CITY.
GVU/-