SHERVAROYS PLANTERS Vs. RAMESH EXPORTS PVT. LTD.

JUDGEMENT

(1.) The defendants in O.S.No.44 of 2003 having suffered a decree for payment of a sum of Rs.3,36,240/- with interest at 9% per annum from the date of suit till the decree and at 6% thereafter, upon the decree being confirmed in A.S.No.48 of 2011 by the learned Principal District Judge, Salem, have come up with this second appeal.

(2.) The suit was levied by the plaintiff claiming the sum of Rs.3,36,240/- as the cost of 15,332 Kilograms of unreturned coffee seeds which were entrusted with the defendant for curing purpose. It is claimed that the plaintiff had entrusted large quantity of coffee seeds with the defendant for curing and the defendant returned only 7,980 Kgs of Coffee seeds after curing and the remaining 15,332 Kgs were not returned. When a demand was made, the defendants claimed to have adjusted the value of the coffee seeds towards curing charges which are payable by the plaintiff. In view of such refusal to pay, the plaintiff had come up with the suit.

(3.) The suit was resisted by the defendants contending that the plaintiff had to pay curing charges for the curing of coffee seeds earlier and therefore the cost of 15,332 Kgs of coffee seeds has to be adjusted towards the liability of the plaintiff.