Present appeal is filed by the defendant being

aggrieved by the judgment and decree dated 18.02.2014

passed in O.S.No.123/2001 on the file of the II Additional

Senior Civil Judge and JMFC, Dharwad (hereinafter

referred to as the ‘Trial Court’) by which the Trial Court

had decreed the suit of the plaintiff directing the defendant

(appellant herein) to pay Rs.5,49,542.73/- with interest at

the rate of 18% per annum from the date of suit till

recovery, which the judgment and decree is confirmed by

the judgment and order dated 22.04.2015 passed in

regular appeal in R.A.No.29/2014 on the file of the

Principal

District

and

Sessions

Judge,

Dharwad

(hereinafter referred to as the ‘First Appellate Court’).

2.

The above suit in O.S.No.123/2001 is filed by

the plaintiff (respondent herein) for recovery of sum of

Rs.5,49,547.73/- with further interest at the rate of 18%

- 3 -

per annum from the date of suit till recover of the entire

amount contending inter alia that the plaintiff is a

registered company with its office at Mumbai, engaged in

manufacturing of One Day Alarm Time pieces, clocks

under the brand name of TIWAC. That the defendant is a

partnership concern dealing with sale

of afo