KARNATAKA PLYWOODS SULLIA, SULLIA TALUK DAKSHINA KANNADA DISTRICT PIN CODE - 574239 BY ITS PROPRIETOR SRI. K. KRISHNA KAMATH AND OTHER ETC. Vs. THE GOVERNMENT OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA VIDHANA SOU

JUDGEMENT

(1.) AS in all these appeals question involved is the same, though the parties are different and figures are different, they are taken up for consideration together and disposed of by this common judgment.

(2.) THESE appeals are preferred both by the plaintiffs as well as by the defendants challenging that portion of the decree which is hurting their interest. For the purpose of clarity, we set out the case of plaintiff in one case as it is identical in all suits except for the amount claimed in each plaint.

(3.) THE defendant industry is one of such wood based industry to which wood was supplied from Madikeri Division during the above period. The total differential value of the timber so supplied by the plaintiffs to the defendant was Rs.12,10,011.85/ -, out of which the defendant paid a sum of Rs.2,73,919.86/ -and the balance to be paid is Rs.9,36,091.99/ -. The interest payable by the defendant to the plaintiff was Rs.6,26,751,65/ -, out of which the defendant paid a sum of Rs.4,27,895.89/ -. The remaining balance is Rs. 1,98,855.76/ -. The defendant was also liable to pay a sum of Rs.2,94,827.31/ - towards Forest Development Taxes, Rs. 1,90,321.35/ - towards sales tax and other charges and Rs. 15,08,808.80/ - towards penal interest, Then in para 9 they have set out the total amount claimed inasmuch as Rs.31,28,905.21/ -. Inspite of repeated demands and notices, the defendant failed to pay the installments payable to the plaintiffs. The cause of action accrued to the plaintiffs against the defendant on 02.08.1978 and 02.05.1979 when the agreement was entered into between the plaintiffs and defendant for the supply of timber, on 27.09.1979, on 29.01.1981, on 19.12.1984 onwards at Madikeri within the jurisdiction of the Court, therefore, a suit was filed for recovery of a sum of Rs.31,28,905.21/ - with, interest at 18% p.a.