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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI
Jacob George S/o. George – Appellant
Versus
Macworld Industries Ltd (Ll08375) – Respondent
JUDGMENT :
(BASANT BALAJI, J.)
The 2nd defendant in O.S.No.25 of 2018 on the files of the Subordinate Judges Court, Kottarakkara, is the petitioner herein. The 1st respondent is the plaintiff, and the 2nd respondent is the 1st defendant.
2. Brief facts of the case are that the plaintiff filed the suit for the realisation of money to the tune of Rs.8,59,28,232/-, from the defendants and their assets jointly and severally. The parties are referred to as they appear in the original suit. The 1st defendant is the proprietor of Emmanuel Cashew Industries, which is engaged in processing raw cashew nuts into cashew kernels and exporting the same from India to other countries. The 2nd defendant is the proprietor of a trading house named J. J. Trading. The 1st defendant introduced the 2nd defendant to the plaintiff’s company, and based on the request made by the defendants, the plaintiff entered into an agreement in December 2016 for the purchase of raw cashew nuts from the defendants. Based on the undertaking, the defendant agreed to sell 1250 metric tonnes of raw cashew nuts to the plaintiffs for a total value of USD 2,174,400/-. The defendant furnished security for the proper conduct of the
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