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2025 Supreme(Online)(Ker) 32869

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
M/S LAMIYA SILKS – Appellant
Versus
M/S A.S.DISTRIBUTORS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.NINU M.DAS, SRI.S.A.ANAND, SHRI.SHONE GEORGE, SHRI.BINEESH KODIYERI
For the Respondents: SHRI.SAHL ABDUL KADER, SHRI.JUSTIN J. THEKKEDAM, SHRI.GEORGE KAPPEN

JUDGMENT

The defendants in O.S.No.27/2018 has come up in this appeal aggrieved by the decree passed by the Additional Sub Court, Kottayam as confirmed in A.S.No.101/2020 by the Additional District Court-V, Kottayam.

2. The plaintiffs instituted a suit for recovery of money against the appellants. The suit for recovery of money is based on a transaction entered between the appellants and the respondents with regard to purchase of certain garments. The plaintiffs contended that certain amounts were outstanding in their account in tune with Rs.11,72,007/-, which the appellants refused to honour. The claim for recovery of money was sought to be sustained on the basis of Ext.A51, certified copy of the statement of account from 01.04.2015 to 16.02.2018. The Trial Court, on appreciation of oral and documentary evidence, decreed the suit, allowing the plaintiffs to recover Rs.11,72,007/- with 12% per annum from the date of the suit till the date of decree and thereafter, 6% per annum. On appeal by the defendants / appellants, the Additional District Court concurred the findings of the Trial Court, but however reduced the amount to Rs.9,98,724/-. The plaintiffs did not challenge the afore sa

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