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Issues involved:
The Plaintiff filed a Summary Suit against the Defendant for recovery of a specific sum along with interest and costs. The main issues involved are non-payment by the Defendant, acceptance of liability, dispute over interest payment, and the Defendant's failure to respond to the Plaintiff's claims. Summary of Judgment: Issue 1: Non-Payment by the Defendant The Plaintiff sought a decree against the Defendant for payment of a specific amount along with interest and costs. Despite admitting the outstanding amount, the Defendant failed to make any payments, citing unavailability of funds. The Defendant's failure to fulfill its payment obligations was highlighted by the Court, leading to a decree in favor of the Plaintiff. Issue 2: Acceptance of Liability The Defendant acknowledged the amount due to the Plaintiff but claimed inability to pay immediately due to financial constraints. Despite admitting the liability, the Defendant did not make any payments, prompting the Court to question the Defendant's sincerity in honoring the obligation. The Court found the Defendant's stance of non-payment unjustified and ruled in favor of the Plaintiff. Issue 3: Dispute over Interest Payment The Defendant contested the payment of interest on the overdue amount, arguing that there was no agreement to pay interest. However, the Court noted that the purchase order clearly stipulated payment terms, including interest on delayed payments, which the Defendant did not dispute upon receiving the goods and invoices. The Court deemed the Defendant's refusal to pay interest as dishonest and ruled in favor of the Plaintiff, modifying the interest rate to 18% per annum. In conclusion, the Court granted the Plaintiff's decree, emphasizing the Defendant's unjustified stance on non-payment and refusal to honor the agreed-upon terms. The judgment highlighted the importance of honoring contractual obligations and dismissed the Defendant's baseless defense in the absence of a valid affidavit in reply.
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