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1974 letter about the Pakistani sale. Chatru Khilnani
(Mr. Khilnani) also was a distributor for GM for the Pakistani
market. Although petitioner indicated to Mr. Khilnani a
willingness to pay Mr. Khilnani no more than 70 percent of the
commission earned on the Pakistani locomotive sale and to pay for
Mr. Khilnani's travel expenses in connection therewith,
subsequently, there was a dispute about commissions. On
July 13, 1974, petitioner met with Mr. Kandawalla, who was
Mr. Khilnani's associate, and Mr. Kandawalla required at least 70
percent of the commissions earned in Pakistan. Petitioner
dictated a memo to the file noting that he agreed to pay Mr.
Khilnani the 70 percent requested because:
Actually, on this job I never had to go to Pakistan and I
did not put out a sales' effort (Sabety only went to
Pakistan during the bid opening), and in all sincerity and
fairness, I did not think we were entitled to more.
Petitioner's diary indicates that he had conferences with
Mr. Khilnani or Mr. Kandawalla on four occasions during 1974 and
1975, three prior to dictating this memo and one afterwards. On
February 24, 1975, GM sent petitioner a letter on the subject of
"Pakistan Railways 68 EMD Locomotives" which states:
"For obvious reasons Caspian Tradings name was used as the
official agent. Caspian Trading is only acting as a pass through
account to the real agent who is Chatru Khilnani for these pass
through services." Petitioner attended at least one meeting
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