NIJAMUDDIN ABDUL AZIZ KHAN Vs. HEMANT AGENCIES FIRM

JUDGEMENT

(1.) This is an Appeal against a Judgment and Decree of the Civil Judge Senior Division, Pune, decreeing the Respondents/ Plaintiffs suit in the sum of Rs.12,96,320/- plus notice charges of Rs.250/- and interest @ 18 % p.a. on each bill till the institution of the suit and further interest on Rs.12,96,320/- @ 9 % p.a. from the date of suit till the realization of the entire amount.

(2.) In brief the Respondents/Plaintiffs suit for unpaid price of goods delivered to the Appellants. The Appellants is a proprietary concern having a Poultry Farm at Shirdhon and at Sangurli known as Aziz Broiler Farm. The proprietor was one deceased Abdul Aziz used to purchase poultry feed such as maize, wheat, jawar and so on from the Respondent, on credit. The Respondent used to acquire these goods from another supplier and used to supply to the parties like the plaintiffs.

(3.) The Respondents/Plaintiffs suit is for recovery of the unpaid price for supply of poultry feed worth Rs. 13,94,230/- to Aziz Broiler Farm between 28th September, 1991 to 18th February, 1992. The amount having remained unpaid inspite of notice, the present suit was instituted. The Plaintiff examined himself and other witnesses to substantiate the suit claim. Apart from the plaintiff, the other witnesses examined on behalf of the Plaintiffs were Suresh Asthana who served as Manager with the Appellants/Defendant's Broiler Farm during the period from 1980 to 1993, including the period of the suit transactions. Another witness Anil Nagwekar, an employee of the Abhyuday Co-Operative Bank, Panvel Branch was examined to show that Aziz Broiler Farm was authorized to operate the current account of the farm lying with the Abhyuday Co-Op. Bank, Panvel. The third witness was Mishilal Bhagdia who deposed to the effect that there is prevailing practice in the market to charge interest when the credit facility is given to the customer. The Respondent also produced documentary evidence such as notice, reply to the said notice, verified extracts of accounts and copies of 37 bills and corresponding challans. The Respondent also produced various postal acknowledgments, letter dated 28th February, 1991 authorization of the Appellant authorizing his Manager Suresh Kumar to operate the current account.