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versus
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL)
the plaintiff is a manufacturer and seller of lubricating oil, carrying business under
the name and style of M/s. Parvati Oils & Chemicals. The defendant placed a
purchase order dated 30th September, 2008 on him for purchase by order of goods
worth Rs.16,58,340/-. The plaintiff accordingly supplied the goods vide two
invoices, both dated 20th October, 2008. The defendant, in due discharge of his
legal liabilities, paid the price of the aforesaid goods by issuing a cheque for a sum
of Rs.16,58,340/- dated 14th October, 2008 to the plaintiff. The cheque when
presented to the bank was returned for want of insufficient funds. The plaintiff
CS(OS)2493.2009 Page 1 of 5
issued a demand notice dated 15th December, 2008 calling upon the defendant to
pay the amount of the dishonoured cheque. Since the defendant has failed to pay
the price of the goods, the plaintiff has claimed the principal sum of Rs.
16,58,340/- along with interest on that amount at the rate of 18% per annum
amounting to Rs.03,48,251/-.
affidavit by way of ex-parte evidence, the plaintiff has stated, on oath, the case set
out in the plaint and has proved various documents. He has further stated that the
purchase order Ex.PW-1/1 was placed by the defendant on him and he sent
proforma invoice Ex.PW-1/2. The goods were thereafter supplied vide invoices
Ex.PW-1/3 and Ex.PW-1/4. The material was sent to the defendant through M/s.
Rajesh Road Corporation(India) vide consignment note No. 478 dated 20th
October, 2008. He has further stated that the cheque Ex.PW-1/6 was issued by the
3. Ex.PW-1/1 is the copy of the purchase order dated 30.09.2008 placed by the
defendant upon the plaintiff whereas Ex.PW-1/2 is the performa invoice which the
plaintiff sent to the defendant on receipt of the purchase order. Ex.PW-1/3 and
Ex.PW-1/4 are the two invoices whereby the goods were sold to the defendant.
The consignment note Ex.PW-1/5 shows that the goods were sent by M/s. Parvati
Oils & Chemicals to M/s. Sharda Auto Stores. Ex.PW-1/6 is the cheque for a sum
CS(OS)2493.2009 Page 2 of 5
of Rs.16,58,340/- issued by the defendant as proprietor of M/s. Sharda Auto Stores
in favour of the plaintiff on 14th October, 2010. The bank memo Ex.PW-1/7 shows
finds corroboration from the documentary evidence produced by him. The value of
the goods supplied by the plaintiff to the defendant is confirmed from the invoices
Ex.PW1/3 and PW1/4. It is further confirmed from the cheque issued by the
defendant to the plaintiff. I, therefore, hold that the plaintiff is entitled to recover
18% per annum was payable in case payment of the goods was not made within 15
days. This term on the invoice constitutes an agreement between the parties for
between the parties for payment of interest, since this is a suit for price of goods by
seller and delivery, interest can be awarded to the plaintiff under Section 61 of the
Sale of Goods Act, which, to the extent it is relevant, provides that in the absence
of a contract to the contrary, the Court may award interest at such rates as it thinks
fit on the amount of the price of the goods, to the seller, in a suit by him for the
amount constituting price of the goods and the interest under this can be awarded
CS(OS)2493.2009 Page 3 of 5
from the date of tender of the goods or from the date on which the price of the
Even if the provisions of Section 61 of the Sale of Goods Act are not
applied, interest can be awarded to the plaintiff under Section 80 of the Negotiable
Instruments Act, which to the extent is relevant provides that when no rate of
interest is specified in the instrument, interest on the amount due thereon shall,
instrument, be calculated at the rate of 18% per annum, from the date at which the
same ought to have been paid by the party charged, until tender or realization of the
amount due thereon, or until such date after the institution of a suit to recover such
Instruments Act to only those cases, where the instrument provides for payment of
interest, but the rate of interest is not specified and thereby allows unjust
aforesaid provision, as amended, carries interest at the rate of 18% per annum, the
plaintiff is entitled to interest at the rate of 18% per annum under Section 80 of
CS(OS)2493.2009 Page 4 of 5
Negotiable Instruments Act and the interest would be payable from the date on
which the principal amount ought to have been paid by the defendant to the
plaintiff. The view being taken by me find support from the decision of a Division
Bench of Allahabad High Court in Nath Sah v. Lal Durga Sah, AIR 1936
Allahabad, 160, decision of the Orissa High Court in Ghasi Patra v. CS(OS)No.
1450/2006 Brahma Thati, AIR 1962 Orissa 35, decision of Patna High Court
Bishun Chand v. Audh Bihari Lal, AIR 1917 Pat 533 and decision of Karnataka
6. The amount of interest at the aforesaid rate, according to the plaintiff comes
to Rs.3,48,251/-. The plaintiff has, therefore, proved his claim with respect to
interest as well.
pendente lite and future interest at the rate of 12% is hereby passed in favour of the
V.K.JAIN, J
SEPTEMBER 20, 2012
‘sn’
CS(OS)2493.2009 Page 5 of 5