IOC YARN AGENCY Vs. SAMSONS PROCESSING INDUSTRIES

JUDGEMENT

(1.) The Court: This is a suit for price of goods sold and delivered. So far as the principal sum is concerned, there is no dispute. The dispute in the suit is in respect of rate of interest. This question was thoroughly considered on the earlier occasion and defendant was directed to pay the principal sum of Rs. 3,67,740/ - to the plaintiff by an order dated 3rd March, 1999. Such order was duly complied with. The following issues are framed hereunder:

(2.) This Court has gone through the plaint, written statement, documents disclosed hereunder specially exhibited. Therefore, the documentary and oral examinations were considered and arguments which were put forth by the learned Counsels appearing for both the parties were heard.

(3.) Prima facie two aspects are apparent before taking into account the finality of the case. Firstly, tendering the amount of principal sum of Rs. 3,67,740/ - during the pendency of the suit which clearly gives indication of dues from the defendant to the plaintiff. Secondly, in a commercial transaction when there is a due, the same cannot be receivable without any interest. Therefore, at the threshold, Court has no other alternative but to proceed with the discussion keeping the case of the plaintiff little high over the defendant.