M/S. BAWA ENTERPRISES Vs. MRS. FATHIMA

JUDGEMENT

(1.) This is the defendants' regular first appeal against the judgment and decree of the trial Court decreeing the suit of the plaintiff as prayed for, directing the defendants 1 to 5 jointly and severally to pay a sum of Rs. 18,52,310/ - with interest at 23% p.a. from the date of the suit till the date of decree and interest at 18% p.a. from the date of decree till the date of realization.

(2.) For the purpose of convenience, the parties are referred to with respect to their position in the original suit.

(3.) The plaintiff has been carrying on his business in Mangalore under the name and style M/s. Shet & Co. The 1st defendant is a partnership Firm, of which defendants 2 to 4 are the partners; 5th defendant is the GPA holder of defendants 2 to 4. As could be seen from the averments in the plaint, the following amounts were lent by the plaintiff to defendant No.5. <FRM>JUDGEMENT_222_LAWS(KAR)12_20151.htm</FRM>