In Brief
Ajay Kumar D. Amin sought recovery of overriding commission from Air France. The Commissioner for Taking Accounts awarded Rs. 43,86,974.98, but the trial court and High Court scaled it down to Rs. 18,83,914.88 based on non-production of supporting credit notes by the appellant. The Supreme Court held that since Air France had wilfully disobeyed a court order to produce account statements, an adverse inference should have been drawn against it. The Court found the High Court's re-appreciation of evidence and scaling down of the amount erroneous. The appeal was allowed, and the decree modified to Rs. 38,81,504.98 (after deducting Rs. 5,05,470.00 for normal commission), with 7% per annum interest, rejecting Air France's cross-appeals.
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