QAISER JAHAN BRGAM Vs. RAMZAN KARIM AND SONS

JUDGEMENT

(1.) The present suit has been filed for recovery of Rs.3,39,522.39 against the defendants.

(2.) The plaintiffs have been carrying on business in brass art-wares in shop No.96, Municipal Market, Janpath, New Delhi, under the name and style of plaintiff No.2. Defendants, a partnership firm, are carrying on business as clearing, forwarding and shipping agents. The facts leading to the filing of the suit are enumerated in paragraphs 2,3,4 and 5 of the plaint which may be reproduced as follows:

(3.) The plaintiffs served the defendants with the notice dated November 3,1987 requesting them to return the goods to the plaintiffs or pay them Rs.1,59,751.20 as well as interest at the rate of 18 per cent per annum within 15 days from the receipt of the notice. Defendants were duly served but they did not comply with the said notice. The principal amount as well as the interest as claimed by the plaintiffs are reiterated in paragraph 7 of the plaint. The cause of action, it is alleged, arose as the defendants failed to ship the goods in time and later on failed to return the goods belonging to the plaintiffs. Plaintiffs also alleged vide their notice dated October 16, 1987 that defendants have sold the goods illegally.