This judgment decreed a summary suit filed for recovery of balance amount of goods supplied. The court modified the claimed interest rate, awarding 12% per annum from the date of filing.
Suit decreed with interest at 12% per annum from the date of filing of the suit till realization; refund of court-fees granted.
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911 ss.636.01
ndm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 636 OF 2001
Prakashchand B. Jain. ... Plaintiff Versus
Image Readymades and anr. ... Defendants.
Ms. Nita Solanki i/b Kiran Jain and Company for the Plaintiff. None for the Defendants.
CORAM : A.S.OKA, J. DATE : 14th January, 2011.
JUDGMENT:
1 Heard the learned counsel appearing for the Plaintiff. By order dated 3rd October, 2005, the suit was ordered to be transfered to the list of undefended suits. Accordingly, it is placed on board today. According to the case of the Plaintiff, on the basis of the order placed by the Defendants, the Plaintiff has sold and supplied and delivered various goods to the Defendants. The Plaintiff has pointed out in the plaint that a part payment was made by the Defendants. A notice of demand was issued by the Plaintiff on 29th May, 2000 calling upon the Defendants to pay the balance amount. As the amount was not paid, the present suit has been filed.
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911 ss.636.01
2 The Plaintiff has placed on record original documents alongwith an affidavit. The original bills are placed on record alongwith office copy of the notice of demand. There is a letter of the Defendants placed on record in which there is admission of liability.
3 The claim of the Plaintiff has been proved by the affidavit and the original documents. The documents have been duly proved by the said affidavit.
4 There was a stipulation in the invoices regarding payment of interest at the rate of 24% per annum on the outstanding amount. Considering the facts of the case, the interest deserves to be granted at the rate of 18% per annum.
5 Accordingly, the suit is decreed as prayed with modification that the interest will be payable at the rate of 12% per annum on the principal amount from the date of filing of the suit till realization.
2 issues framed by the court
Whether the suit for recovery of balance payment is maintainable.
The rate of interest to be awarded on the outstanding amount.
A. S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
