IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.C.C.A.No.110 OF 1994 Between:- M/s Prabhat Hardware & Paints, Rep. by its Managing Partner Sri Piyush Kumar and 3 others …Appellants A n d Someswara Cements & Chemicals Ltd., Rep. by its General Manager, B.Jayaram Gupta …Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.C.C.A.No.110 OF 1994 JUDGMENT: This appeal is directed against the decree and judgment dated 23-03-1994 in O.S.No.72 of 1985, on the file of the IV-Additional Judge, City Civil Court, Hyderabad, wherein the suit filed by the respondent herein for recovery of a sum of Rs.1,33,488-75 Ps was decreed-in- part for a sum of Rs.33,914/- with future interest at 18% per annum from the date of suit till the date of realization. 2. Heard the learned counsel for the appellants. None appeared for the respondents. Perused the record. 3. The respondent herein filed the suit contending that the defendant is the manufacturer of ‘Hanuman’ brand cement and the defendant was appointed as authorized stockist on 06-10-1983 and that on 06-01-1984 the defendant addressed a letter stating that several complaints were received regarding quality of the cement supplied and that the defendant demanded the plaintiff to replace the old stock with fresh stock and the plaintiff and defendant mutually settled the matter on 29-02-1984 and as per the said settlement, the plaintiff company agreed to release 250 bags of cement and gave a credit note. According to the plaintiff, on 21-07-1984, they sent statement of account to the defendant informing that Rs.1,11,994/- was due from them under the agreement. In spite of notice, the defendant did not pay the amount. 4. The defendants field a written statement disputing their liability for the suit amount. 5. The trial Court framed the following issues: i) Whether the plaintiff is entitled for recovery of Rs.1,33,488-75 Ps from the defendants as prayed for? ii) Whether there was a settlement between the parties on 29-2-1984 under which plaintiff company agreed to release 250 bags lying with the defendant firm at a rebate of Rs.2/- per bag as alleged in the plaint? iii) Whether the defendants are not liable to pay the amount covered by the bills issued by plaintiff as mentioned in para 8 of the W.S? iv) Whether the plaintiff has any cause of action to file the suit? v) To what relief? 6. During trial, P.Ws.1 and 2 were examined and Exs.A-1 to A-12 were marked on behalf of the plaintiff and D.W.1 was examined and Exs.B-1 to B-5 were marked on behalf of the defendant. 7. On a consideration of the evidence available on record, the trial Court held that the defendants are liable to pay only a sum of Rs.33,914/-. Accordingly, a decree was passed for the said amount, but, however, with subsequent interest at 18% per annum. Aggrieved by the same, the present appeal is filed by the defendants. 8. The learned counsel for the appellant would submit that on 26-07-1994 the defendants deposited a sum of Rs.34,887/-, which included the principal amount of Rs.33,914/- for which a decree was passed. This Court, while granting interim stay on 29-08-1994, directed the defendants to deposit half of the amount claimed by way of interest. The learned counsel for the appellant would submit that the interim order has been complied with. 9. The main contention of the appellants/defendants is that the agreement did not stipulate payment of any interest and, therefore, the trial Court also did not award any interest and decreed the suit only for the principal amount of Rs.33,914/-, which was found to be due from the defendants, but, however, the trial Court erred in awarding future interest at 18% per annum from the date of suit till realization. 10. It is considered that the ends of justice would be met by awarding interest at 6% per annum during the pendency of the suit and also till the payment is made. The plaintiff is, therefore, held entitled for a sum of Rs.33,914/- and future interest only at 6% per annum on the amount of Rs.33,914/- from the date of suit till the date of payment, besides the principal amount of Rs.33,914/-. The amounts already deposited by the defendant shall be given credit to. The impugned judgment and decree of the trial Court are modified accordingly. 11. In the result, the appeal is disposed of as stated above. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 02nd September, 2010 Lrkm