V. M. VELUMANI, S. SOUNTHAR
Portman Overseas Traders, Represented by its Proprietor, K. Ganesh, Namakkal – Appellant
Versus
P. M. S. Traders, Represented by their Power Agent S. Chellaiah Balakrishnan, Kovilpatti – Respondent
JUDGMENT
(Prayer: First Appeal filed under Section 96 of Civil Procedure Code, R/w Order 41 Rule 1 of CPC, praying to set aside the judgement and decree dated 06.11.2014 passed in O.S.No.109 of 2011 on the file of the Principal District Court, Namakkal.)
S. Sounthar, J.
1. The unsuccessful defendant in a suit for recovery of money is the appellant.
Plaint Averment:
2. The respondent/plaintiff filed a suit for recovery of Rs.20,14,155/- equivalent to 44,758.70 UD dollars together with interest at the rate of 24% from 28.12.2010 till the date of realisation. According to the respondent/plaintiff, it is engaged in import and export business for more than 15 years at Srilanka and India. The appellant/defendant is doing a rice bran business in India and the appellant/defendant used to purchase rice bran from the respondent/plaintiff for his business transaction. During the course of business transaction in the month of December 2010, the appellant/defendant ordered 208.18 metric tons of rice bran from the respondent/plaintiff at the rate of 215 U.S. Dollars per metric ton. As per the telephonic order, the respondent/plaintiff dispatched 208.18 metric tons of rice bran in 5751 bags fr
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