KUNDUR ENTERPRISES GENERAL MERCHANTS & COMMISSION AGENTS Vs. MANAGING DIRECTOR K C P BIOTECH LTD AND ORS

JUDGEMENT

(1.) The appellant has filed this appeal aggrieved by the dismissal of his suit by the Senior Civil Judge, Byadagi in O.S. No.125/2007 dated 12.04.2011.

(2.) Heard the learned counsel for parties.

(3.) The plaintiff is a registered partnership Firm engaged in dealing with the agricultural commodities. The defendants used to place orders with the plaintiff for the supply of red chilies. During the course of transaction, the plaintiff and defendants have maintained accounts. The supplies were made based on the oral orders placed by defendants and the details of the supply made by the plaintiff has been described in paragraph No.4 of the plaint. According to the plaintiff, though the plaintiff has supplied the red chilies worth Rs. 2,92,62,856=69, the defendants have paid a sum of Rs. 2,73,59,781=85, leaving the balance. Contending that as per the trade usage and customs if the payment is not made within twenty-one days from the date of supply, it attracts 2% per month as interest and further contending that the plaintiff is entitled for interest on the balance amount, the suit came to be filed for recovery of Rs. 36,51,713=69 along with future interest at 24% per annum.