R.R. MAZUMDAR Vs. ZENITH PHARMACEUTICALS

JUDGEMENT

(1.) Heard Mr. T. Roy, the learned counsel for the appellants and also heard Mr. RL Yadav, the learned counsel for the respondents No.1 & 2. None appears on call for the proforma respondents. The name of respondent No.3 was already struck off by the order dated 04.12.2015.

(2.) This regular first appeal is directed against the judgment and decree dated 25.08.2000 passed by the learned Civil Judge, No.2, Kamrup, Guwahati in Money Suit No.325/2018 thereby dismissing the suit of the appellants/plaintiffs.

(3.) As per the original plaint, the plaintiff No.1 was M/s R.R. Mazumdar and the plaintiff No.2 was Sri Ranjit Ranjan Mazumdar, the proprietor of plaintiff No.1 concern. The defendant No.1, namely, M/s Zenith Pharmaceuticals, which was a partnership concern of the original defendants No.2 and 3 had availed a loan from the plaintiff No.1, which was not repaid. Therefore, by the notice dated 07.10.1998, plaintiffs demanded a sum of Rs. 5,50,100/- with interest @ 20.75% from the original defendants No. 1,2 and 3. Thereafter, the suit was filed for recovery of the said amount. The suit was numbered as Money Suit No.325/1998.