In Brief
Ajay Kumar D. Amin claimed overriding commission from Air France for the period December 1971 to August 1974. A Commissioner for Taking Accounts awarded Rs. 43,86,974.98, but the City Civil Court scaled it down to Rs. 18,83,914.88, and the High Court affirmed. The Supreme Court held that Air France willfully disobeyed Court orders to produce account books. Since the respondent withheld crucial evidence, an adverse inference should have been drawn in the appellant's favour. The Court restored the decretal amount (less Rs. 5,05,470.00 for normal commission), with 7% interest, allowing the appeal.
The lawyer headnote and full judgment text are available to registered users.