The High Court of Bombay decreed a suit filed by Karnataka Soaps & Detergents Ltd. against a defaulting stockist for recovery of unpaid goods value, modifying the interest claim to 9% per annum from the date of the suit.
Suit decreed for recovery of unpaid dues with interest at 9% per annum from the date of the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUIT NO.2735 OF 1997
Karnataka Soaps & Detergents Ltd. Vs.
Darab Cawasji & Co.
..Defendant.
Mr. P.S. Palan with Mr. Manoj A. Purohit for the Plaintiff. None for the Defendant.
CORAM : DR. D.Y. CHANDRACHUD, J.
26th August, 2009.
P.C. :
price of goods supplied and delivered. In March 1994 the Plaintiff appointed the Defendant as its stockist for the redistribution of its products at Nagpur. Between March and August 1994 the Plaintiff supplied to the Defendant various quantities of its products under invoice.
The products were supplied from the depots of the Plaintiff from Bhiwandi, or as the case may be from Pune and the invoices were prepared at the C & F agents at the two places. The goods were sold and
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supplied to the Defendant at Nagpur through the C & F agents and were transported. The Plaintiff has maintained an account pertaining to the transaction of the Defendant in the regular course of business in which credit has been given for the amounts received from time to time. Certain cheques which were issued by the Defendant were dishonoured. The debit entries in the ledger account have been first set out in the sales register before being debited to the ledger account. Copies of the invoice, the sales and the bank registers have been produced in the course of the evidence. A sum of Rs.2,01,049.30 became due and payable by the Defendant to the Plaintiff at the foot of the account. The claim for interest was raised by the Plaintiff’s advocate on 6th July, 1998.
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basis thereof. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization.
1 issue framed by the court
Whether the claim for recovery of balance price of goods is maintainable in a civil suit.
Karnataka Soaps & Detergents Ltd.
Darab Cawasji & Co.
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
