FANTASY COLLECTIONS Vs. MATHEW SEBASTIAN

JUDGEMENT

(1.) This appeal is preferred by the defendants against the judgment and decree dtd. 22/8/2011 of the Sub Court, Pala in O.S No. 89/2010.

(2.) Briefly the facts are as follows:

(3.) The defendants admitted the reconstitution of the partnership firm as well the amount to be paid to the plaintiff as the share of the profit and capital as Rs.2,28,184.00. It was also admitted that six months time was granted for payment and to give some elasticity it was decided to pay the amount due to all the retiring partners in installments. The defendants started payment in the month of October 2009 and made the whole payment by the end of December 2009. So the amount promised at the time of the reconstitution of the partnership deed was paid. The allegation that the plaintiff waited till 1/12/9 and thereafter demanded the amount is absolutely false and baseless. In fact the plaintiff had another partnership business with the second defendant and few others by name Intimate Chitts and Finance Ltd. It was dissolved on 9/9/2009. The plaintiff had to pay Rs.20.00 lakhs to four persons but he did not pay the amount. The second defendant had already paid the money to the persons allotted to him. Since the plaintiff did not pay the amount it caused problems to the second defendant and hence he lodged a complaint before the Circle Inspector of Police, Pala. Other partners also lodged complaints and then the plaintiff agreed to pay the amount by 10/2/2010. Then he stealthy went to Nedumbassery Airport for leaving India on the very same day but due to the intervention of the Police he could not leave India and he was arrested; thereby he was compelled to make payments to the complainants. He had issued a cheque to one partner but the cheque was dishonoured and a criminal case was filed against him. Now the plaintiff in order to wreck vengeance had filed this case. The suit is a false and frivolous one.