IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.04.2025 CORAM:

THE HONOURABLE MRS. JUSTICE R.KALAIMATHI Nirmal Kumar S/p.Moolchand Proprietor of M/s.Texco International

88, Godown Street, Chennai 600 001. .. Appellant/Plaintiff vs.

1. M/s.Gents Fabrics represented by its Partners, 2nd & 3rd respondents, Jose Building, M.G.Road, Ernakulam 682 016.

2. Jacob Abraham

3. Juju Jacob ... Respondents/defendants PRAYER: This second appeal is filed under Section 100 of C.P.C.to set aside the Judgment and Decree dated 03.01.2013 passed by the II Additional City Civil Court, Chennai in A.S.No.491 of 2008 confirming the Judgment and Decree dated 01.04.2008 passed by the III Assistant City Civil Court, Chennai Chennai in O.S.No.3014 of 2004.

For Appellant : Mr.T.Sundarraajan For Respondents : Ms.A.Saranya for M/s.Iyer & Thomas

JUDGMENT

This second appeal has been preferred by the plaintiff against the Judgment and Decree dated 03.01.2013 passed by the II Additional City Civil Court, Chennai, in A.S.No.491 of 2008.

2. The parties are indicated herein as per their litigative status and ranking made before the Trial Court.

3. According to the plaintiff, he is carrying on textile business. The 1st defendant is the partnership firm and the 2nd and 3rd defendants are the partners of the 1st defendant firm, namely, M/s.Gents Fabrics. The plaintiff had been supplying textile goods to the 1st defendant partnership firm on various dates under different invoices. The plaintiff is maintaining a running account with the defendants. The defendants were very irregular in making payments for the goods supplied and the last payments made by the defendants towards their account was on 28.01.2002 vide Receipt No.3008. Subsequently, there was no payment forthcoming from the defendants despite several demands and reminders made by the plaintiff. Several cheques issued by the defendants were also returned as “dishonoured”. After giving credit to all the payments made by the 1st defendant as on 28.01.2002, the defendants are liable to pay to the plaintiff a sum of Rs.85,128.95 as per the book of accounts. The 2nd and 3rd defendants are the partners of the 1st defendant firm are also jointly and severally liable to pay the said amount.

3.1. Legal notice dated 22.11.2002, was caused to be issued to the defendants by the plaintiff calling upon the defendants to pay a sum of Rs.85,128.95 with interest at 24% p.a. The legal notice was also issued to Mr.E.Edward Jasinta, Mr. K.A.Henry and Mr.K.A.Marry. On receipt of the same, the defendants issued a reply dated 07.12.2002 to the effect that the defendant Nos.2 & 3 are only the partners of the 1st defendant firm and would state that there is no balance due to be paid by them.

3.2. The transaction between the plaintiff and the defendants have been taking place as a running account for the past several years. Copies of the invoices and old books of accounts are not available, as they have been destroyed by termites. The plaintiff has only books of accounts from 01.04.1996 to substantiate his claim. As the transactions are in a running account, the defendants are liable to pay the said amounts to the plaintiff's account for the supplies made. Hence, the suit was laid for recovery of money for an amount of Rs.85,128.95 with interest at the rate of 24% p.a.

4. Contending contra, on behalf of defendants, it is stated that the 1st defendant, firm has been reconstituted in December 2000 and in April 2001. The defendants no.2 & 3 are the only partners of the 1st defendant firm. The accounts of the plaintiff was settled at Ernakulam and no amounts are due to be paid to the plaintiff. The defendants no.2 & 3 have no dealings with the plaintiff on the firm's behalf or account. The plaintiff has not supplied the goods to the 1st defendant firm after 1996. The defendants denied that the payments were made to the plaintiff on 28.01.2002 vide Receipt No.3008. The plaintiff has received money from the erstwhile partners from time to time in fu