P K GARG Vs. S K DUTTA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 25.08.2010 which had endorsed the findings of the trial Judge dated 03.01.2009 whereby the suit filed by the plaintiff had been decreed in the sum of `2,25,051/- (-) minus `57,000/- equal to `1,68,051/- with pendent lite and future interest @ 6% per annum.

(2.) THIS is a second appeal. The appellant before this Court is the plaintiff. His contention is that he is a small scale industry and benefit of provisions of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 has been denied to the plaintiff. He was admittedly a small scale industry and he was entitled to interest on delayed payment which was admittedly delayed.

(3.) PLEADINGS have been perused. The plaint nowhere whispers or states a word that the plaintiff is a small scale industry or undertaking. This has also been admitted by learned counsel for the appellant. It is submitted that although there is no such specific averment yet it is not in dispute that the plaintiff is a small scale industry. From where this can be gathered is not explained.