JUDGMENT :

Hemant M. Prachchhak, J.

1. The present appeal is filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter be referred to as the “Act”) against the summary judgment and decree dated 29.06.2021 passed by the learned 2nd Additional Senior Civil Judge (Commercial Court), Surat (hereinafter be referred to as the “Trial Court”) in Commercial Suit No.116 of 2019 whereby the Trial Court has partly allowed the suit and ordered to recover Rs.1,50,01,554.24 from the defendants – appellants herein jointly and severally from the person and property along with running interest at the rate of 6% p.a. from the date of filing of the suit till the realization of the amount.

2. The facts of the present appeal are that the appellant no.1 is a partnership firm registered under the Indian Partnership Act and engaged in business of purchase and sale of the diamonds in the name and style of M/s Shree Lalji Impex since 2006. It is the case of the appellants that they have been doing the business with the respondent for buying and selling of rough diamonds for more than 12 years. That the appellants have purchased d