NATIONAL COLLATERAL MANAGEMENT SERVICE LTD Vs. VALIYAPARAMBIL TRADERS

JUDGEMENT

(1.) The decree in a suit for money is under challenge by the defendants.

(2.) The 1st plaintiff is a registered partnership firm. Plaintiffs 2 and 3 are its partners. The plaintiffs are engaged in trading of spices. The 1st defendant is a company engaged in the business of bulk purchase of hill produces from traders. The 2nd defendant is the Kerala State Head of the 1st defendant company. There were various business transactions between the plaintiffs and the defendants. The transactions were on credit basis. Alleging that the accounts were running irregular, the suit was filed for recovery of money allegedly due to the plaintiffs.

(3.) The defendants in their written statement, while admitted the business dealings with the plaintiffs, denied the claim of the plaintiffs that any amounts are due. It was contended that the suit is barred by res judicata in view of the judgment in O.S.No.314 of 2013. It was also contended that the suit is barred by limitation.