FA/1328/1979 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1328 of 1979 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ? -No. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ========================================================= ALKA CERAMIC INDUSTRIES - Appellant(s) Versus JAYBHARAT TRADING CO. - Defendant(s) ========================================================= Appearance : MR BR PARIKH for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 27/08/2008 ORAL JUDGMENT 1. By way of this appeal, the appellant-original defendant has challenged the judgment and order dated 21/3/1979 passed by FA/1328/1979 2/3 JUDGMENT the learned Judge, City Civil Court, Ahmedabad in Civil Suit No.2461 of 1975 whereby the learned Judge has directed the defendant to pay the amount of Rs.2970.27 with interest at the rat of six percent per annum on Rs.2685/- from the date of the suit till payment and cost of the suit. 2. Brief facts of the case are that the plaintiff, partnership firm files suit against defendant partnership firm for recovery of outstanding value of goods said to have been sold at Ahmedabad by the plaintiff to the defendant with interest at the rate of 12 percent per annum. The suit is based on outstanding value due at the foot of ledger account viz. Rs.2685.27. The relief prayed for is a decree for the said amount and interest and notice charges. 3. Heard the learned advocates for the respective parties. 4. The Trial Court has considered the evidence on record and discussed the matter at length and thereafter has passed the decree. The Trial Court after discussing the matter, came to the conclusion that plaintiff's claim of 12 percent will have to be halved. At this rate, plaintiff will be entitled to interest of Rs.285/-. The Trial Court has also not allowed notice charges and for the same, the Trial Court has observed that plaintiff being a creditor is bound to make a demand in his own interest FA/1328/1979 3/3 JUDGMENT and therefore, claim of notice charges would not be allowed. In that view of the matter, I am in complete agreement with the reasonings given and the findings arrived at by the Trial Court. No case is made out to interfere with the matter. 5. In the premises, First Appeal deserves to be dismissed. Hence, the same is dismissed. No order as to costs. (K.S.Jhaveri, J.) (ila)