1997 (2) TMI 554 - HC - Indian Laws

Summary

Issues Involved:

1. Incorporation and Authorization
2. Supply of Goods
3. Entitlement to Interest
4. Counterclaims by Defendants
5. Amount Recoverable by Plaintiff
6. Relief

Summary:

1. Incorporation and Authorization:
The court found that the plaintiff is duly incorporated under the Indian Companies Act and the suit has been instituted by a person authorized by the company.

2. Supply of Goods:
The court confirmed that the plaintiff supplied goods relating to Bill No. 283560 dated 24.3.76 to the defendants.

3. Entitlement to Interest:
The plaintiff is entitled to charge interest because the defendants unjustifiably denied the plaintiff's claim. The court fixed the rate of interest at 12% per annum from the date of the plaint until realization.

4. Counterclaims by Defendants:
The court addressed various counterclaims made by the defendants:
- No amount is due from the plaintiff to the defendants as alleged in Clauses (a) to (h) of para 27 of the written statement.
- A sum of Rs. 20,000.00 as alleged in para 28 of the written statement is not due from the plaintiff to the defendants.
- The defendants have not proved their claim to a commission of Rs. 60,000.00 as stated in para 29 of the written statement.
- The defendants are not entitled to a sum of Rs. 7,988.00 as stated in para 30 of the written statement.
- The defendants are not entitled to a sum of Rs. 1,652.25 as stated in para 32 of the written statement.
- The defendants have not proved their claim as stated in para 33 of the written statement.

5. Amount Recoverable by Plaintiff:
The court found that the plaintiff is entitled to recover a sum of Rs. 1,18,492.66 from the defendants.

6. Relief:
The court decreed:
- Directing the defendants to pay the plaintiff a sum of Rs. 1,18,492.66.
- Directing the defendants to pay the plaintiff interest at 12% per annum on the sum of Rs. 1,18,492.66 from the date of the suit until realization.
- Directing the defendants to pay the plaintiff the costs of the suit.
- Dismissing the counterclaim filed by the defendants with no costs.