CAROL GARMENTS Vs. SPECTRA FASHIONS

JUDGEMENT

(1.) These two appeals arise out of the common order dtd. 23/7/2012 in Application Nos.5875 of 2011 and 5876 of 2011 in CS.No.624 of 2011 passed by a learned Single Judge of this Court.

(2.) The brief facts which are necessary for disposal of these appeals are as follows: The appellant filed a suit in C.S.No.624 of 2011 against the defendants 1 and 2 for a sum of Rs.62,36,222.00 towards principal and a sum of Rs.5,84,250.00 towards interest from 30/10/2010 till the date of the plaint at the rate of 12% per annum aggregating to Rs.68,20,472.00 and for other consequential reliefs. It is stated in the plaint that the appellant is a partnership Firm carrying on business in manufacturing high class hosiery.

(3.) It is the case of the appellant that the defendants 1 and 2 approached the plaintiff and purchased cotton spendex RIB and printing fabrics through third defendant and the materials were transported from the plaintiff by the defendants through Lorry from Chennai during the period from 15/12/2008 to 14/1/2009. Stating that the plaintiff supplied goods to the defendants 1 and 2 to the value of Rs.82,36,222.00, but a sum of Rs.20,00,000.00 alone was paid towards the value of the goods supplied by the plaintiff, the suit has been laid for recovery of a sum of Rs.62,36,822.00 with interest at 12% per annum.