ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

1. This is defendants’ appeal against the judgment and decree dated 22.02.2018, passed in O.S. No.59/2008 by the Addl. Senior Civil Judge and JMFC at Hosapete. The plaintiff has filed the suit for recovery of the amount from the defendant Nos.1 to 3. The said suit was decreed by the impugned judgment. The same is challenged by defendant Nos.1 to 3 in the present appeal.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

3. Brief facts of the case of both the parties before the trial Court are as under:

It is the case of the plaintiff that, he is the Proprietor of the Business concern by name of “Sreenidhi Trading Company” and the defendants’ Firm has contacts with mine owners and sellers of iron ore. Defendant No.3 being ostensibly authorised as a Director to enter into a contract on behalf of defendant Nos.1 and 2.

4. Defendant Nos.1 and 2 agreed to supply ten thousand metric tons of iron ore and allied products @ the rate of Rs.1,742/- per ton including the tax. The second defendant through the third defendant, requested for advance payment against the aforesaid orders of or