Shri Kamal Gupta vs Smt. Krishna Pushya on 20 May, 2023
10.10 The Consignee agent Agreement relied upon by the
plaintiff Ex.PW1/D4 contains Clause No. 13, and it says that
CS (Comm) No. 144/2020
Kamal Gupta Vs. Krishna Pushya 11 of 18
"The consignment agent shall sell the goods only to Area
Business Channel Partner, i.e. Distributors, School supplier,
Corporate Supplier, Retailer and Modern Retail, appointed by
the company representative and to any other party as per the
written direction of the company." It does not mention nor
permits the consignment agent to sell the goods to another
consignment agent and if any such sale was to be made, then as
per the said Agreement, it was to be made as per the written
directions of M/s Maped India Pvt. Ltd. There is nothing on
record to suggest that the principal company ever gave any
written direction to the plaintiff to sell the goods to the defendant.
Hence, any sale, as alleged by the plaintiff to the defendant, was
violative of the terms and conditions of the said Agreement.
10.11 Even the invoices relied upon by the plaintiff and
against which the goods were allegedly sold to the defendant
have not been duly proved. PW1 was confronted with the said
invoices Ex.PW1/3 (colly.) and he deposed that they bear the
signatures of his employees but could not name the said
employee who signed upon it saying that they pertain to the year
2017. He further was unable to say if the signatures on the said
invoices were of one Juria, an employee of M/s Maped India Pvt.
Ltd. and explained that in his warehouse, the support staff of M/s
Maped India Pvt. Ltd. also used to remain present and Juria
maybe one of them. This shows that he had not denied the
signatures on the said invoices to be of an employee of M/s
Maped India Pvt. Ltd. and therefore, it cannot be said that the
said invoices have been raised by the plaintiff.