SURYAKANT BABULAL MEHTA Vs. SHREE SHAKTI MILLS LTD

JUDGEMENT

(1.) This suit is filed for recovery of a sum of Rs.1,49,805=91 Ps. with further interest on Rs.1,13,747=87 Ps. @ 21% per annum till repayment of the amount. An incidental relief is claimed by the plaintiff that the plaintiff be permitted to withdraw the amounts deposited by the defendant with the Prothonotary & Senior Master of this Court with interest accrued thereon towards the decree that may be passed in the present suit.

(2.) The plaintiff asserts that between 19th April 1978 and 6th November 1978 the plaintiff sold, delivered and supplied goods to the defendant under eighteen different invoices from time to time as per the orders placed by the defendant in that behalf. According to the plaintiff, the value of the goods supplied to the defendant was in the sum of Rs.4,34,510=87 Ps.. It is the case of the plaintiff that the defendant, did not raise any dispute regarding quality, quantity or price of the goods supplied. In fact, the defendant made part payment from time to time aggregating to Rs.3,20,763, leaving an amount of Rs.1,13,747=87 Ps. which according to the plaintiff is still due and payable by the defendant to the plaintiff. It is the further case of the plaintiff that the defendant agreed to pay interest @ 21% p.a. on the outstanding amount and/or late payment. That was an oral agreement between the parties. On the basis of the said agreement, the plaintiff sent debit notes in respect of such interest component to be paid by the defendant from time to time. It is also the case of the plaintiff that the defendant made payment of such interest amount after deducting tax therefrom which presupposes that the defendant admitted the liability to pay interest as claimed by the plaintiff. According to the plaintiff, the defendant was liable to pay aggregate sum of Rs.1,29,733=31 Ps. as on April 1979.

(3.) As payment was not received from the defendant, the plaintiff sent legal notice to the defendant calling upon the defendant to pay the outstanding amount forthwith, failing which the plaintiff would take recourse to the remedy of winding-up proceedings against the defendant company.