mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1139 of 1999 M/s.Himachal Pradesh Horticultural Produce Marketing & Processing Corporation Ltd. .. Plaintiff versus M/s.Rajendra Trading Co. & ors. .. Defendants ... Mr. Padmakar Garad i/b V.Joseph for the plaintiff. None for the defendants. CORAM : D.G. KARNIK, J DATED :15th July 2009 P.C:- 1. Heard learned counsel for the plaintiff. None present for the defendants. 2. The case of the plaintiff in short is that it carries on business of manufacturing of juice concentrates and other food products. The defendant no.1 is a partnership firm and defendant nos.2 and 3 are its partners. The defendants were appointed as distributors for the plaintiff s products. A Distributorship agreement was entered into between the parties. The amount of Rs.66,405.40 is due and payable by the defendants to the plaintiff towards the goods supplied. The defendants issued a cheque of Rs.66,405.40. However, the cheque when presented for payment was dishonored. Plaintiff has therefore filed a suit for recovery of the amount of the cheque and interest thereon. 3. Plaintiff has produced on record the original distributorship agreement, the original cheque as also the memo of the dishonor of the cheque issued by the bank. Plaintiff has also filed the affidavit of Mr.Dalip Kumar Kaushal proving the documents and affirming the contents of the plaint. I see no reason to disbelieve the affidavit. 4. Though the plaintiff has claimed future interest at 24% p.a. I do not find any agreement to pay interest at that rate. Under the Negotiable Instruments Act, plaintiff is entitled to interest only at 18% p.a. Hence the claim of the plaintiff for future interest would have to be limited to 18% p.a. Only. For these reasons, I pass the following order:- O R D E R Suit of the plaintiff is decreed as follows: 5. Defendant shall pay to the plaintiff sum of Rs. 66,405.40 together with interest at 18% p.a from the date of the suit till payment and all costs of the suit. (D.G. KARNIK, J)