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2023 Supreme(Ker) 89

K. VINOD CHANDRAN, C. JAYACHANDRAN
Afro Asisan Agro Products (Singapore) Ltd. , Represented By Its Power Attorney Holder, K. S. Kailasam – Appellant
Versus
Lekshmi Enterprises Kilikollur, Kollam-691004, A Partnership Firm, Represented By Its Managing Partner, Mrs. K. Vasanthakumari – Respondent


Advocates Appeared:
For the Appellant : V.B. Hari Narayanan, Saliha Beevi P.A., Swathi Jayaraj.
For the Respondents: Smt. M.M. Jasmin, Sri. Lijo Joseph, Sri. Nidhi Sam Johns, Sri. A.V. Thomas SR., A. Kevin Thomas.

JUDGMENT :

[Vinod Chandran, J.]

1. The appeal is against the judgment and decree of the Principal Sub Court, Kollam which allowed recovery of an amount of Rs.72,40,392.68 with future interest @ 6% after deducting the counter claim; which was confined to Rs.93,952.10. The defendant is in appeal and the case arose from different contracts for supply of raw cashew nuts to the plaintiff, sourced from abroad. The plaintiff procures raw cashew nuts, processes it in its ten factories; four owned by the plaintiff and six taken on lease/contract, and exports processed cashew as per the orders received. The defendant is a company registered in Singapore engaged mainly in the supply of raw cashew nuts. The 1st plaintiff, a partnership firm and a recognized two-star export house, entered into import contracts with the defendant, the transactions in which led to differences of opinion leading to the above suit. The contracts which are dealt with in the above suit, number eight, two of which were entirely cleared, two cancelled by the defendant, one partly cleared and partly repudiated and three fully repudiated by the plaintiff. The plaintiff alleged that there was a breach of contract by reason

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