VARKISONS ENGINEERS Vs. KINETIC FOUNDATIONS PVT LTD

JUDGEMENT

(1.) Plaintiff in O.S.No.586/99 on the file of the Principal Sub Court, Ernakulam is the appellant. First respondent is a firm represented by its Managing Director, 2nd respondent and respondents 3 to 5 are directors. The suit was filed for realisation of Rs. 3,33,926 with 22% interest per annum from 28.2.1998 onwards. As per the plaint averments, the appellant is a registered partnership firm engaged in the business of supplying metal aggregates under the name and style "Slabs and Aggregates". The 1st respondent purchased metal aggregates from the appellant and during the course of the said business transaction the 1st respondent owed a sum of Rs. 5,48,926 on 28.1.1998. On demand, the 1st respondent paid an amount of Rs.2,15,000 leaving a balance of Rs.3,33,926. Inspite of repeated demands, the 1st respondent did not pay the balance amount and hence, the suit is filed for recovery of the amount.

(2.) Resisting the suit claim, the respondents had jointly filed a written statement. In the written statement the respondents have contended that the appellant is not a registered firm and respondents 2 to 5, being directors of the 1st respondent firm, are not personally liable to pay the debts to the "Slabs and Aggregates", a different legal entity. The respondents have also contended that the suit is bad for misjoinder of parties since the appellant has no locus standi to file the suit for realisation of the amount owed to "Slabs and Aggregates" as "Slabs and Aggregates" is a different legal entity from that of the 1st appellant. It is also contended that the suit was barred by limitation.

(3.) Before the Court below PW 1 was examined and Exts.A1 to A13 were marked on the side of the appellant. DW1 was examined on the side of the respondents.