1 22 ss 846-03.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk SUMMARY SUIT NO.846 OF 2003 Deepak Madhavji Thakker (HUF) .. Plaintiff V/s. Ideal Poultry Farm & Ors. .. Defendants. Mr. Gunjan Shah i/b Arvind Rathod & Co. for the Plaintiff. None for Defendants. CORAM : K.K.TATED, J. DATE : 24TH AUGUST, 2011. P.C. 1 Heard the learned counsel for the Plaintiff. None for the Defendants. 2 Though the Defendants are duly served no one appeared on their behalf when the matter was called out for ex-parte decree. The affidavit of service is on record. There is no written statement on behalf of the Defendants. 3 The Plaintiff filed the present suit for recovery of sum of Rs.3,75,043/- and interest on principal sum of Rs. 2,32,834/- at the rate of 24% per annum from the date of filing of the suit till the payment/ 2 22 ss 846-03.doc realisation thereof and costs of the suit. It is the case of the Plaintiff that pursuant to the order placed by the Defendants from time to time, they sold, supplied and delivered to Defendants poultry feed raw material. They raised following four bills for the costs of material supplied to the Defendants. “3. The Plaintiff states that for the said goods sold and delivered to the Defendant, the Plaintiff have raised the following bills: Bill No. Date Amount 361 11/03/2000 73,141/- 362 11/03/2000 81,370/- 002 01/04/2000 67,320/- 317 07/10/2000 36,435/- ------------- Total 2,58,266/-” ------------------ 4 The Defendants received the goods and they appropriated the said goods for their own purpose without raising any dispute as to the rates, quality and quantity and the Plaintiff called upon the Defendants to make the payment of those four bills. Pursuant to the said demand Defendant made part payment of Rs.25,432/- against the Bill no. 361 dated 11th March, 2000 leaving the balance of Rs.47,709/-. Thereafter, the Defendants failed to make the payment of remaining amount and therefore, the Plaintiff called upon the Defendants by the letters dated 10th April, 2002 3 22 ss 846-03.doc and 4th May, 2002 to make the payment of remaining amount of Rs.2,32,834/-. In spite of several demands, the Defendants failed and neglected to make payment and therefore, the Plaintiff filed present Summary Suit for recovery of sum of Rs.3,75,043/- with interest. The Plaintiff filed original Bill no. 361 dated 11th March, 2000, Bill no.362 dated 11th March, 2000, Bill no. 002 dated 1st April, 2000 and Bill no.317 dated 7th October, 2000. The Plaintiff also filed copy of confirmation of balance dated 31st August, 2001, letter dated 10th April, 2002 and letter dated 4th May, 2002. From the confirmation of balance, it is clear that Defendants are liable to pay the sum of Rs.2,32,834/- towards the principal amount to the Plaintiff. It is to be noted that in the Bills it is specifically stated that if the payment is not received within time, the Defendants will be liable to pay the interest at the rate of 24% per annum. Considering the original documents on record and the confirmation of balance letter dated 31st August, 2001, the Plaintiff is entitled to decree for sum of Rs.3,75,043/- inclusive of interest till the date of suit. 5 Considering these facts, suit is decreed in terms of prayer clause with the modification that Plaintiff is entitled to interest from the date of filing of the suit i.e. 8th January, 2003 till realisation of the amount at the rate of 12% per annum on principal amount only. Prayer clause reads thus: “That the Defendants be ordered and decreed to pay a sum of Rs.3,75,043/- and further interest on the sum of 4 22 ss 846-03.doc Rs.2,32,834/- @ 24% p.a. from the date of the filing of the suit till the payment/realisation thereof and cost of the suit.” Suit is disposed of with costs. (K.K.TATED, J.)