JUDGMENT :

KauserEdappagath,J.

This appeal and cross objection arise from the judgment and decree in OS No.137/2002 dated 30th October, 2007 on the file of the Principal Sub Judge, North Paravur.

2. The suit was one for return of the amount paid as advance pursuant to Exts. A1 to A6 and A9 sale agreements. The defendants before the Court below are the appellants. The plaintiff is the respondent. The parties are referred to as shown in the Original Suit unless otherwise stated.

3. The plaintiff, Icon Integrated Industries and Software Limited, is a public limited company registered under the Indian Companies Act having its registered office originally at Athani, Aluva, which is within the jurisdiction of the Court below. Originally, Icon Industries was a partnership firm registered under the Indian Partnership Act. The partnership was converted into a public limited company in the name and style ‘Icon Integrated Industries and Software Limited’ later on. The first defendant is a public limited company having its Head Office at Mumbai. It owns its division at Athani, Aluva known as ‘Kerala Electric Lamp Works Division’ (KELW Division), which is arrayed as the second defendant.

4. Icon Ind