H.S. TRADERS Vs. LATEST WEARS

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 27.10.2004 which had modified the judgment of the Trial Judge dated 12.4.2004. Vide judgment and decree dated 02.4.2004 the suit of the Plaintiff/Appellant had been decreed in his favour along with interest @ 9% per annum from the date of filing of the suit. Defendant/Appellant had filed an appeal; cross objections had been filed by the Plaintiff. The appeal had been dismissed; the judgment of the Trial Judge dated 02.4.2004 had however been modified; interest was awarded to the Plaintiff on the decreetal amount @ 9% per annum from the date of the notice i.e. from July 1998.

(2.) The findings in the impugned judgment are reproduced herein below:

(3.) On behalf of the Appellant, it has been urged that a substantial question flaw has arisen qua the bills which have been proved by the Plaintiff which show that interest as to be awarded on delayed payments @ 24% per annum. The first Court had disposed of this argument of the learned Counsel for the Appellant while dealing with issue No. 5. It had recorded a finding that the Plaintiff had not led any evidence as to how he is entitled to the afforested rate of interest. The aforestated judgment also recorded the finding reproduced herein above. The Court had exercised its discretion in awarding the interest @ 9% per annum; the Court below had specifically recorded that no evidence had been led by the Plaintiff on this issue. The exercise of discretion is just and fair. It cannot in any manner termed to be arbitrary. No substantial question of law is made out. Appeal is dismissed.