: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2849 OF 2009 M/s. Asian Narrow Fabrics Co. .. Plaintiffs v/s. M/s. Soniya Fabrics Art. & Anr. .. Defendants ......... Mr. N.M. Shah for the plaintiffs None for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 1st APRIL, 2010. P.C. : 1. Matter was placed today for ex-parte decree. Nobody is present on behalf of the defendants. Original documents are perused. Plaintiffs have instituted this suit for recovery of Rs.3,38,318/- as a principal amount and interest @ 18% per annum thereon as set out in the prayer clause (a). 2. According to plaintiffs, plaintiffs sold goods to the defendants more particularly set out in Exh.”E” being the particulars of claim under various invoices commencing from 18th November, 2006 up to 15th May, 2007. : 2 : According to plaintiffs, the goods covered by these 20 invoices were duly delivered and towards payment of 2 invoices dated 18th November, 2006 and 28th November, 2006, certain part payments have been made. Credit to the said part payment has been given and that is how the principal amount payable towards 20 invoices turns out to be Rs.2,29,607/-. The plaintiffs have claimed interest @18% per annum as set out in the plaint up to 15th October, 2009 though the suit is filed on 5th November, 2009. 3. I have perused the text of the plaint, original documents and heard learned advocate for the plaintiffs. 4. This being a suit for recovery of monies for the goods sold and delivered, it was necessary for the Court to satisfy about the delivery of the various goods covered by the various invoices. On doing so, it is noticed that the plaintiffs produced before the Court Delivery Challans in regard to invoices set out at serial nos. 7,8,9,10,11,13,14,17,18,19 and 20 more particularly described in Exh.”E” i.e. particulars of the claim. This will mean that the plaintiffs have been able to make out the case before this Court as regards delivery of goods covered by 11 invoices. This will mean that the case of the plaintiffs that the goods were delivered by rest of the 9 invoices, cannot be accepted and to that extent, plaintiffs’ claim will have : 3 : to be rejected. 5. Taking a total of these 11 invoices, the principal amount turns out to be Rs.1,38,053/-. This will mean that the plaintiffs will be entitled to a decree to the extent of Rs.1,38,053/-. 6. So far as the interest is concerned, plaintiffs have claimed interest from the date of the invoice up to 15th October, 2009. On the invoices, no rate of interest is mentioned. Even in the plaint, there is no averment that interest at a particular rate was payable from a particular date, if the amount mentioned in the invoices is not paid. If this be so, plaintiffs will not be entitled to receive interest on the aforesaid principal amount up to the date of the filing of the suit. In so far as the interest after the date of the filing of the suit till the date of the passing of the decree, considering the nature of the transaction and the relevant years of transaction, I am of the view that if the interest @ 12% is granted, it would meet the ends of justice. So far as the interest after the date of decree is concerned, if interest @ 8% is granted in accordance with the provisions of Section 34 of the Civil Procedure Code, that would meet the ends of justice. Learned advocate Mr. Shah had submitted that so far as the invoices in regard to which plaintiffs have not been able to produce Delivery Challans duly : 4 : receipted by the defendants, plaintiffs be given liberty to move the Court for appropriate orders. In my view, such a procedure cannot be followed because the plaintiffs have filed the suit for 20 invoices and moved the Court for appropriate decree. In such a case, the case of the plaintiffs can be considered once, which has been done and hence, there is no question of two innings to be offered to the plaintiffs. In view of the above, I pass following decree. DECREE – Defendants jointly or severally do pay to the plaintiffs Rs.1,38,053/-. – Defendants jointly or severally do pay to the plaintiffs interest @12% per annum on Rs.1,38,053/- from the date of the filing of the suit up to the date of the decree. – Defendants jointly or severally do pay to the plaintiffs interest @ 8% per annum of Rs.1,38,053/- from the date of the decree to realization. – Defendants jointly or severally do pay to the plaintiffs costs of this suit. – Refund of Court fees granted as per Rules. [R.Y.GANOO, J.]