TEXTILE CONNECTION Vs. BURLINGTON’S EXPORTS

JUDGEMENT

(1.) The plaintiff in C.S.No.29 of 2000 aggrieved by the judgment dtd. 1/9/2016 passed by a learned Single Judge of this Court, on the Original Side dismissing the said suit, has filed the present appeal.

(2.) C.S.No.29 of 2000 had been filed seeking a judgment and decree against the defendants jointly and severally to pay a sum of Rs.39,67,144.00 together with interest at 24% per annum from the date of the plaint till date of realization and for costs of the suit.

(3.) It had been contended in the plaint that the plaintiff, a registered Partnership Firm was a regular supplier of cotton fabrics to the 1 st defendant which was also a Partnership Firm carrying on business at Thane, Maharashtra. The defendant would convert the fabrics into garments and export such garments. The 2nd, 3rd and 4th defendants were partners of the 1 st defendant. The 5th defendant who was yet another partner was subsequently impleaded during the pendency of the suit.