RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) INSTANT appeal arises from the judgment and decree dated 24.4.95 passed by learned Additional District Judge No. 3, Jodhpur, modifying the judgment and decree passed by learned Additional Civil Judge Sr. Div. No. 1.

(2.) BRIEF facts which are necessary for just decision of the present appeal are that the State of Rajasthan (Director, Primary and Secondary Education, Bikaner) invited tenders for the supply of Games Articles. Plaintiffs 16 sport articles were approved. The Goods were supplied to the Zila Parishad and payment was to be made by Zila Parishad. It is averred that 90 per cent price of sport goods was paid by Zila Parishad Tonk but 10 per cent of the amount of goods was not paid without any valid reason inspite of repeated reminders and notices which necessitated the plaintiff -appellant to file the present suit for recovery of unpaid price of approved goods supplied to the defendants with interest.

(3.) THE learned first appellate court affirmed the judgment and decree passed by learned trial court but thought it proper to modify the interest awarded by the learned trial court to the effect that if the payment is not made within one month from the date of decree, the plaintiff shall be entitled to interest @ 12% per annum from the date of decree on the principal amount.