recovery suit
Querist :
Anonymous
(Querist) 01 June 2011
This query is : Resolved
We were appointed dealers to sell tractors in 1999.A letter was issued that we are authorised dealers for sales service and spares.supply resumed and we were alloted dealer code also.after six months supply suddenly stopped.Letters were issued to despatch tractors as stock was nill and advance money was sent to the suppliers.As no response was received and notice was sent to suppliers for losses incurred on manpower salary and rent etc. No response was received so a suit for recovery was filed which was decreed with interest.An appeal by suppliers in session court was also dismissed and RSA in high court was also dismissed in 2011.We have received the whole decretal amount with interest as per court order. My question is Can we file a suit to recover damages as no notice of termonation of dealership was issued.This point was taken into consideration at High court also.We were issued a certificate of dealership only and dealer code was alloted.No agreement was signed by the company with us. As we suffered heavy losses due to non supply of tractors and spareparts we were thrown out of business and our reputation and goodwill was damaged. Kindly suggest our course of action now
Gurinderjit
Guest
(Expert) 01 June 2011
Can we file a suit to recover damages ?
If there is any contract between you and suppliers then you can file a suit to recover damages.
You said that,"We were issued a certificate of dealership only and dealer code was alloted.No agreement was signed by the company with us."
Then you can't file a suit to recover damages.
prabhakar singh
(Expert) 08 June 2011
you could have claimed this relief in earlier suit also,what prevented you from doing so is a big Question in view of provisions contained in Order2Rule2 of C.P.C.before you proceed.
