Appellant is that the Agreement dated 01.08.1995 is a Stockist Agreement and the other agreement dated 12.07.1997 is a Consignment Stock Agency Agreement, the finding ... that the agreement dated 01.08.1995 is the "Stockist Agreement" and the other agreement dated 12.07.1997 is the "Consignment Stockist Agency Agreement
Sales
Agreement, the terms and conditions of the agreement clearly
establish that the said agreement is nothing but a camouflage and that
the agreement ... terms "Consign", "Consignment" and
"Consignment Contract" are defined as under:-
"Consign
To deliver goods to a carrier
Assessing Authority was based on clause 4 of the
Consignment Agreement, which the assessee entered into
with its consignee. Clause 4 of such agreement
provided ... agree to the assessee's
transactions based on the consignment agreement which
provided that the consignee shall remit the sale
proceeds in advance
backdrop fact that the disputes
arose out of the Consignment Agreement executed on
14/10/2005 between the parties and pursuant thereto, the
Arbitration ... being conferred, in the claimant to
adopt legal proceedings.
3 The Consignment Agreement contain an Arbitration
Clause, which read as under
Meeting of
the Board of Directors. Ex.P9 is the Consignment
Agreement. Ex.P10 to Ex.P12 are three Central Sales ... complainant
vehemently argued that complainant and accused
executed the consignment agreement in which the
complainant company deposited Rs.50,00,000/- towards
the security deposit
reiterated its pleaded case. The plaintiff has not denied that
consignment agreement dated 01.01.2011 which was executed
between them and the fact that defendant served ... pleaded that
these sales were not covered under the consignment agreement dated
01.01.2011 and that had they been covered, no invoices would have
been issued
executed by the plaintiff
company with defendant on 31.05.2005 called as consignment
agreement. He has voluntarily deposed that the transaction between the
parties after ... herein, do not fall within the jurisdiction of this court as
Consignment Agreement was entered between the parties at Rudrapur
and the material was also
Agency Agreement
dated 27.5.1985 (Ex.P-4 at page 62 in Part-III file). By this
Agreement the defendant was appointed as a consignment agent ... were sent to the consignment agent who is appointed by
the company. The consignment agent returned one copy of the
agreement duly signed
earlier agreement were same to the agreement dated 21.12.2002. By the said agreement, the appellant has been appointed as a consignment agent to perform ... agreement that the terms, conditions and scope of work under this agreement are also more or less same as were in the earlier consignment agency
agents and have entered into consignment agreements
with such consignment agents. As per the consignment agreement, the
petitioners would send the products to the consignment ... case of the petitioners that on the basis of the consignment agreement dated 1st
April, 2010, the petitioners forwarded the products