TARESWAR CHOUDHURY Vs. MAHATA STORES

JUDGEMENT

(1.) DISMISSAL of the suit for recovery of money on finding that the same is not maintainable is grievance of plaintiff in this appeal.

(2.) CASE of plaintiff is that he is the Managing Partner of a Firm. Defendant No. 1 is also a Firm with defendant Nos. 2 to 5 as its partners. Plaintiff is a merchant carrying on business of purchase and sale of goods including tobacco. Defendant No. 1 -Firm is a reputed tobacco merchant in Eastern India who carries on business on commission also. Defendant -firm entered into a contract to supply tobacco to plaintiff at its godown at Puri. Plaintiff has paid on various dates a sum of Rs. 88,300/ - as detailed in the schedule to the plaints Defendants supplied tobacco worth Rs. 65,469.16 paise. After accounts were taken in respect of transactions between the parties, it was found that a sum of Rs. 22,842.84 paise is outstanding against defendants. Notice was sent for refund of the amount and the same having not been refunded,'suit has been filed for realisation of the amount with interest at 12% per annum till date of suit as well as pendent lite and future interest.

(3.) PLAINTIFF examined himself as PW 1 and proved documents marked Exts. 1 to 3. Defendants examined three witnesses and proved documents marked Exts. A to Z series. Amongst other findings, trial Court on consideration of materials held that the suit is not maintainable , in view of Section 69(2) of the Partnership Act. This is grievance of appellants.