HARMAN METALS Vs. OPAL ZIPPERS PRIVATE LIMITED

JUDGEMENT

(1.) This is a suit under Order XXXVII Criminal Procedure Code for recovery of Rs. 14,38,859.88 with future interest 18% per annum on the sum of Rs. 10,69,784.30 from the date of institution of the suit till realisation.

(2.) The plaintiff had sold, supplied and delivered the goods being zinc and aluminium alloys ingots to the defendant vide details of the bills and the amount thereof enumerated in para 1 of the plaint. The defendant had acknowledged the receipt of the goods vide the bills aforesaid by issuing two'C'forms bearing No. UPST/93 1191383 for the first six bills and no. UPST/93 1191384 for the bills mentioned at Sr.No.7 to 9 in the para 1 of the plaint. The defendant had also acknowledged its liability in writing to the plaintiff by confirming the statement of account of the plaintiff dated 16/08/1996 under cover of letter of the same date of the plaintiff for the sum of Rs.8,46,145.90 p i.e. against the bills at sl.nos. 1 to 6.

(3.) The defendant made the total payment of Rs. 2,15, 000.00only by way of Demand Draft vide details as mentioned in the para 4 of the plaint. Thus, a sum of Rs. 10,69,787.30 was due from the defendant towards principal amount and towards interest on the said amount from 12/02/1997 when the last payment was received by the plaintiff from the defendant till 31/12/1998 at the rate of 18% per annum in accordance with contract, statute and custom and practice and usage of trade. It comes out Rs. 3,69,075.58 P.