1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.318 OF 2003 G.Das & Co Pvt. Ltd. .. Plaintiffs versus Meghdoot Book Manufacturing Co Pvt Ltd. .. Defendants Mr.Sachin Joshi i/by M.G.Mimani for the plaintiffs. None for the defendants. CORAM : A.S.OKA, J. DATE : 18th November 2009. JUDGMENT: . The suit is shown under the caption “Undefended suits for ex-parte decree”. The plaintiffs have filed present suit for recovery of sum of Rs. 9,70,602/- together with interest thereon at the rate of 24% per annum from the date of institution of the suit till realisation. 2. The case made out by the plaintiffs is that there was an arrangement between them and the defendants under which the plaintiffs were to supply goods to the defendants at the prevealing rates. The plaintiffs were acting as authorised distributors of certain principals. According to the arrangement between the plaintiffs and the defendants, either the plaintiffs or their 2 principals used to submit bills to the defendants. It is the case of the plaintiffs that on over-due bills, the defendants had agreed to pay interest at the rate of 30% per annum. 3. According to the case of the plaintiffs, as per the orders of the defendants, the plaintiffs’ principals M/s. Sirpur Paper Mills Ltd had supplied certain goods to the defendants. Reliance is placed on debit note issued by the defendants. According to the case of the plaintiffs, including the claim of interest, an aggregate sum of Rs.8,76,696/- was payable by the defendants. The contention of the plaintiffs is that the principals by their letter dated 1st October 2001 informed the plaintiffs that since the defendants had not paid the aforesaid amount for a long time, the said amount shall be debited in the account of the plaintiffs and the same shall be adjusted against the plaintiffs’ remuneration credit note. According to the plaintiffs, the said principals debited said amount to the account of the plaintiffs and thus recovered the same from the plaintiffs. 3. Reliance has been placed on the fact that the defendants paid a sum of Rs.1,07,991/- by cheque dated 6th January 2001 in favour of the plaintiffs covering three debit notes submitted by the plaintiffs. According to the case of the plaintiffs, on their request, their said principals waived a sum of Rs. 1,10,442/- claimed by them by letter dated 1st October 2001 on account of interest. 4. The other principals of the plaintiffs M/s.Orient Paper Mills supplied 3 goods to the defendants worth Rs.2,21,629.00/- under invoice dated 15th January 2001. As the defendants did not pay the amount, the plaintiffs paid the said amount to their principals by a cheque dated 24th April 2001. 5. Reliance has been placed on correspondence made by the plaintiffs with the defendants. Reliance is also placed on notice dated 9th January 2002 issued by the advocate for the plaintiffs to the defendants and reply sent to the said notice by the advocate for the defendants. As the amount was not paid, present suit has been filed. 6. The plaintiffs have filed affidavit of one Ramgopal Somani, Chief Accountant of the plaintiffs. The said affidavit has been filed to prove the claim of the plaintiffs. Eleven original documents have been filed on record alongwith a list. The said documents and the affidavit prove the claim of the plaintiffs. They have claimed further interest at the rate of 24% per annum. Considering the facts of the case, interest deserves to be fixed at 12% per annum. 7. Hence, I pass the following order: : O R D E R : (a) The suit stands decreed in terms of prayer clauses (a) and (b) with modification that further interest will be payable at the rate of 12% per annum. (b) The plaintiffs will be entitled to refund of Court fees as per the rules. 4 (A.S.OKA,J)