KISSAN PLASTICS (P) LTD REP BY ITS MANAGING DIRECTOR MR. C.S. CHANDPASHA Vs. THE DEPUTY CHIEF MANAGER (PVC) KARNATAKA SMALL INDUSTRIES MARKETING CORPORATION LTD NO. 31/61, GANAPATH BUILDING 2ND MAIN, VYALIKAVAL BANGALORE 560003, THE CHIEF EXECUT

JUDGEMENT

(1.) THE appellant who was plaintiff being aggrieved by the order passed in O.S. No. 6829/2002 on the file of City Civil Judge, Bangalore, dt. 2nd September 2009, has filed this appeal. The suit was Instituted by the plaintiff for recovery of Rs. 6,72,278/ - together with interest at 13% p.a. and for the costs. It Is the case of the appellant -plaintiff that it is a registered company incorporated under the provisions of the Companies Act and is recognised as a small scale Industry from the Department of Industries and Commerce. The plaintiff has supplied PVC rigid pipes to the defendants -2 and 3 pursuant to the order placed by the 1st defendant between 1995 -96 to 1999 -2000. The total value of the pipes supplied worth Rs. 59,94,674/ -and after deducting the amount paid by the defendants, the defendants were due In a sum of Rs. 25,486/ - towards the value of the pipes supplied and In terms of the provisions of Interest on delayed payments. Under Small Scale and Ancillary Industrial Undertaking Act, the Plaintiff Is enacted to claim Interest on the delayed payment. Therefore a suit was filed for recovery of Rs. 6, 67,278/ - as on 31.3.2002.

(2.) THE defendants contested the suit on the ground that there is no agreement to pay the Interest and that the suit filed by the plaintiff Is not maintainable.

(3.) ) To what order and decree? 4. In order to prove their respective contentions, the Managing Director of the Plaintiff was examined as PW1 and he relied upon Ex. P1 to P26. One witness was examined on behalf of the defendants as DW1 and they relied upon Ex. D1 to D13, The Trial court held Issues -1 and 2 In partly affirmative, issue -3 in affirmative and suit of the plaintiff came to be decreed only for Rs. 25,486/ - with interest at 18% p.a. from the date of suit till the date of realisation.