1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGEMENT NO. 635 OOF 2003 IN SUMMARY SUIT NO. 1645 OF 2003 Mr.Sanjeev Nayyar .. Plaintiff versus Harshad Arts Pvt.Ltd. .. Defendant ... Mr.M.R. Phal for the plaintiff. None for the defendant. CORAM : D.G. KARNIK,J. DATED : 11th April 2005. P.C.: 1. Heard the learned counsel for the plaintiff. None present for the defendant. 2. The learned counsel for the plaintiff hands in affidavit of service of writ of summons as well as affidavit of service of Summons for Judgement after 2 the appearance of the defendant. Affidavits are taken on record and marked Exhibit "A" and "B" respectively. The learned counsel for the plaintiff also hands in original documents. The documents are taken on record and collectively marked Exhibit-C. 3. I have perused the plaint and the documents filed on record. The defendant placed five written purchase orders on the plaintiff. The plaintiff has filed on record delivery challan and the original purchase orders. The plaintiff also sent to the defendant Invoices. Office copies of the invoices are filed on record. 4. As the defendant failed and neglected to make the payment, plaintiff has filed this suit for recovery of the price of the goods and interest. As the defendant has not raised any defence regarding the receipt of the goods, plaintiff is entitled to a decree for the principal sum. The only question to be considered is whether the plaintiff is entitled to interest. 5. The original purchase orders do not specify any term of interest The delivery challan which bear 3 the signature of the defendant also do not bear the term regarding the payment of the interest. Invoices which were issued by the plaintiff bear the term of the interest but are not signed by the defendant. Hence, there is no agreement to pay interest. 6. The defendant made an offer to buy goods by issuance of written purchase order. Acceptance of the offer was not communicated to the defendant but the plaintiff accepted the offer by performance viz. supply of goods as per the purchase order (see section 8 of the Contract Act) Thereafter, the plaintiff cannot unilaterally amend the term of the contract contained in the purchase order and claim interest. The contract contained in the purchase order was not modified subsequently. The defendant has not signed any of the invoices nor is there any material on record to show that the terms in the purchase orders were modified by any subsequent agreement between the parties. In the circumstances, plaintiff is not entitled to interest prior to the date of the filing of the suit. However, interest subsequent to the filing of the suit can be awarded u/s.34 of the Code of Civil Procedure. Hence, I pass the following order: 4 7. Summons for Judgement is made partly absolute and the suit of the plaintiff is decreed as follows:- 8. The defendant shall pay to the plaintiff the sum of Rs.2,47,301.60 being principal amount of the five invoices together with interest thereon at 9% p.a. from the date of the suit till payment and all costs of the suit. D.G. KARNIK,J