J U D G M E N T

The suit is filed for recovery of money. The sole plaintiff has filed the suit against three defendants, who are the partnership firm and its two partners.

2. The case of the plaintiff is that, they are engaged in business of selling shrimps for several years. The 1st defendant through 2nd and 3rd defendants approached the plaintiff and represented that they are engaged in business of exporting various types of frozen marine products and expressed their interest in buying 1,13,463.100kgs of shrimps from the plaintiff. The plaintiff, thereafter, delivered shrimps to the processing unit at Nellore, on the representation of the defendants that they are under an agreement with M/s.Star Agro Marine Exports, Nellore, for facility of processing, packing and storing. Between April 2017 to July 2017, the plaintiff supplied shrimps for a total value of Rs.3,15,93,553/- and same was accepted by the defendants and issued acknowledgement by way of weighment slip. As against the supply of goods worth Rs.3,51,93,553/-, the 1st defendant paid Rs.10,00,000/- and Rs.15,00,000/- by way of net transfer on 31.07.2017 and 09.08.2017. Thereafter, the 1st defendant issued two cheques (i). dated 07.08.2017 bearing No.000393 for a sum of Rs.1,93,90,075/- and (ii) dated 25.09.2017 bearing No.000434 for a sum of Rs.80,00,000/- in favour of the plaintiff drawn on ICICI bank, Saligramam branch.

3. To the shock of the plaintiff, two cheques given by the defendants was returned with an endorsement as “funds insufficient” and payment stopped respectively. Thereafter, the defendants approached the plaintiff and sought for time. Therefore, the plaintiff has not taken any penal action against the defendants, for dishonouring the cheques. However, the defendants have not paid the money in spite of exchange of legal notice. Hence, the suit is filed for recovery of money.

4. Due to National lockdown owing to the pandemic situation though the plaintiff was intend to file the suit during the month of March – 2020, they could not file the suit at that time. The plaint presented through e-filing on 13.10.2020. In any event, in view of the order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020, the period of limitation is extended for filing the suit. Hence, the suit is well within the time.

5. The suit summons was served on the defendants 1 and 2 on

22.10.2020 but the defendants did not enter appearance. Therefore, on 12.07.2021, the defendants were set ex-parte. The matter was posted before the Additional Master – IV for recording evidence.

6. One Mr.Syed Hateem Pasha, the Managing Partner of the plaintiff's Company was examined as P.W.1. The proof affidavit in lieu of Chief Examination was filed. Ex.P.1 to Ex.P.15 were marked.

7. The Learned Counsel appearing for plaintiff referring the pleadings, proof affidavit and the documents submitted that the plaintiff's Company is engaged in the business of selling shrimp. The plaintiffs Company consisting of four partners including P.W.1. The partnership deed is Ex.P.2. The copy of the agreement entered between the 1st defendant and M/s.Star Agro Marine Exports Private Limited, the processor is Ex.P.4. Based on this agreement and on instruction of the defendants shrimp were sold by the plaintiff to the defendants under the invoices marked as Ex.P.5 series. The defendants paid a sum of Rs.10,00,000/- on 31.07.2017 and Rs.15,00,000/- on 09.08.2017 and same is reflected in the account details issued by Oriental Bank of Commerce marked as Ex.P.6. The two cheques, (i). dated 07.08.2017 for a sum of Rs.1,93,90,075/- and (ii) dated 25.09.2017 for a sum of Rs.80,00,000/- drawn in favour of the plaintiff by the defendants are marked as Ex.P.7 and Ex.P.8. On the back side of the cheques, the clearance seal of the Oriental Bank of Commerce, Nellore is affixed. Ex.P.9 and Ex.P.10 are the slips issued by the Bank indicating the cheques (Ex.P.7 & Ex.P.8) returned for insufficient funds and payme