KRISHNA CHAUDHARY Vs. PROMILA BAJAJ

JUDGEMENT

(1.) MS .Promila Bajaj, carrying on business as the sole proprietor of M/s.Promila Leather Company is the protagonist. Ms.Krishan Chaudhary, carrying on business as the sole proprietor of M/s.H.K.International is the antagonist.

(2.) PROMILA Bajaj filed a suit against Krishna Chaudhary seeking a decree in sum of Rs. 5,92,906.20 and prayed that pendente lite and future interest be granted to her @ 18% per annum. As per the suit her firm had supplied goods to the firm of Krishna Chaudhary between the month of August 1994 till the month of December 1995 and as per the statement of account maintained by her, Rs. 4,90,006.20 was payable in respect of the outstanding bills as per the account closing December 1995. Balance suit amount was stated to be the pre- suit interest calculated @ 18% per annum on the sum of Rs. 4,90,006.20.

(3.) ON the pleadings of the parties the basic issue which arose for consideration was whether Promila Bajaj is entitled to a decree as prayed for. This issue would obviously embrace the issue whether the parties had business dealings. Of course, if held entitled to money, issue of the rate of interest payable on the outstanding amount also required to be adjudicated.