IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 17.04.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.PD.Nos.1574 and 1575 of 2025 and C.M.P.Nos.9154 and 9159 of 2025

1. M/s.Kowsi Spinning Mills, No.292/3A, Salai Thottam, Kalangal, Sulur, Coimbatore -641 402

2. V.Ravichandran

3. Kowsalya .... Petitioners in both C.R.Ps Versus M/s. Sri Sabari Ginning Industries, Represented by its Partner D.Palanisamy S/o.Deivasigamani No.1/75, Viriyankinathu thottam Pappampalayam, Uthukuli Taluk, Tiruppur ....Respondent in both C.R.Ps Prayer in both C.R.Ps : Civil Revision Petitions filed under Article 227 of the Constitution of India praying to set aside the final order dated 11.03.2025 made in I.A.Nos.3 and 4 of 2025 in C.O.S.No.21 of 2024 on the file of the Principal District Court, Tiruppur by allowing this Civil Revision Petition.

For Petitioners : Mr.D.Raghu For respondent : Mr.T.S.Baskaran for M/s.C.Iyyapparaj COMMON ORDER

1. The defendants have invoked the jurisdiction under Article 227 of the Constitution of India challenging the order passed by the learned Principal District Judge, Tiruppur in I.A.Nos.3 and 4 of 2025 in COS.No.21 of 2024.

2. I.A.No.3 of 2025 is filed under Order 11 Rule 1(5) of the Commercial Courts Act, 2015 to grant leave to file the petition mentioned documents and receive the same in evidence.

3. I.A.No.4 of 2015 is filed under Order 13 Rule 17 and Section 151 of C.PC to recall the P.W1 for further examination. The said applications had been allowed by the Principal District Judge, Tiruppur and aggrieved by the same, the defendants are before this Court.

4. The facts which has given rise to the above revisions are as follows.

Since a common order has been passed in I.A.s, this Court is also passing a common order in these two revisions. The parties are referred to in the same ranking as before the trial Court.

5. The plaintiff had filed the aforesaid suit seeking recovery of a sum of Rs.98,87,679/- together with interest @ 18% per annum on the principal sum of Rs.85,72,860/- from the date of the suit till the date of realizaiton.

6. The plaintiff's case is that at request of the defendants, they had supplied and delivered the cotton lint and viscose, fibre which is the raw material used in the manufacturing of cotton yarn. The supplies were made through various invoices on credit basis and there was a running account between the plaintiff and the defendants. The 1^st invoice was on 01.04.2019 and the last of it was on 26.09.2023, totalling a sum of Rs.11,01,46,912.

7. As against the aforesaid amount, the plaintiff would submit that the defendants had paid a sum of Rs.10,15,90,700/- on various dates and there was a still an outstanding of Rs.85,72,860/-. Despite several reminders, the defendants have not come forward to clear the said sum. The last supply was made on 26.09.2023 and as the transaction was a commercial one, the plaintiff claimed interest @ 18% per annum on the principal amount. The plaintiff, in keeping with the proceedure contemplated under the Commercial Courts Act, had also institued a Pre-Institution Mediation Settlement before the Tiruppur District Legal Services Authority on

20.05.2024 and the legal services authority had issued a Non-starter report.

8. It is the further case of the plaintiff that without paying the outstanding and with an intent to defraud the plaintiff, the defendants were attempting to dispose of the property belonging to the 2^nd defendant. Their intention is only remove the property away from the hands of their creditors.

Therefore, the plaintiff has come forward with the suit in question.

9. The defendants had filed a writen statement inter-alia denying the outstanding of a sum of Rs.85,72,860/-. They would contend that quality of the products supplied to them was inferior as the moisture content was high. The standard norm for moisture content was 8% or below. However, the moisture content in the products supplied by the plaintiff exceeded this limit. The defendants would furth