OM PRAKASH Vs. NARAYAN ELECTRICAL AND MECHANICAL WORKS

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 14.22007 which had reserved the finding of the trial judge dated 28.4.2005 whereby the suit filed by the plaintiff Om Prakash seeking recovery of money had been decreed for a sum of Rs.41,680.68 along with interest at 9% per annum. Impugned judgment had reversed this finding. Suit of the plaintiff stood dismissed.

(2.) PLAINTIFF is the proprietor of M/s Pawan Iron & Steel Store; he had supplied steel pipes to the defendant. Payments were being made by the defendant. A running account was maintained. It had been agreed that the defendant would make payment against each bill within seven days from the receipt of the goods otherwise interest would be chargeable at the rate of 24 % per month. Despite demands this amount was not paid. Suit was filed claiming a sum of Rs.41,680.68 for which Rs.36561.88 comprised of the principal and the balance was the interest @ 24% per annum w.e.f. 01.5.1999 to 30.11.1999; interest quotient was Rs.5119/-.

(3.) ORAL and documentary evidence was led. The invoices/bills were proved as Ex.PW-1/1 to Ex.PW-1/18; statement of account was proved as Ex.PW-1/23. The trial judge on the basis of the oral and documentary evidence held that the plaintiff is entitled to the decree of the aforenoted amount. Suit was accordingly decreed.