Anmol Prints vs Phoenix Impex & Anr.
1999 Latest Caselaw 1039 Del

ORDER

Mukul Mudgal, J.

1. This is a suit on behalf of the plaintiff praying for passing a decree of Rs. 6,58,065/- along with pendente lite and future interest.

2. The plaintiff is a registered partnership firm. The plaint is duly signed and verified by Shri K.C. Jain, one of the partners of the plaintiff-Firm, who is authorised to sign and verify the plaint on behalf of the plaintiff-Firm.

3. The plaintiff-firm carries on business inter alia of whole sale trading in grey and printed cloth of various fabric. The defendants are also engaged in the business of processing and printing of cloth. The first defendant is the firm and the 2nd defendant is a partner of the firm.

4. It is stated in the plaint on behalf of the plaintiff-firm that it has been getting its cloth of various fabric printed by the defendants. The plaintiff has also used to supply cloth of various fabrics an description to the defendants with the stipulation with regard to the design, nature and quality of printing thereon. The defendants in turn undertook the printing and returned the cloth duly printed to the plaintiff within about fifteen days time. While returning the printed cloth, as per the practice, keeping in view the nature of the fabric, shortage in the length of the cloth ranging from 5% to 10% was allowed on account of shrinkage in processing. Shortage beyond and prescribed percentage was at the cost of the printers i.e. the defendants. For undertaking the said job, the printing charges were @ Rs. 7/- per mtr.

5. In the present suit, the plaintiff-firm has claimed from the defendants the cost of non-return and short return of printed cloth, which cloth was delivered to the defendants for printing, refund of printing charges and recovery of amount of loss which the plaintiff has suffered on account of defective printing by the defendants on the cloth of the plaintiff and which was rejected by the customer of the plaintiff. Total amount on account of above-mentioned works out to Rs. 6,58,065.91 (Rs. 4,45,157.85 towards principal amount + Rs. 2,12,908.06 towards interest) which the plaintiff is entitled to recover from the defendants with pendents lite and future interest @ 18% p.a. and costs. Details regarding the claims of the plaintiff are as follows :

(a) Amount of Rs. 12,794.40 towards cost of short delivery of Grey Rayon Fabric as per para 9 of the affidavit (Ex. P-2 to P-10). Interest claimed from 12.2.93, which is the date of delivery of last lot to the defendants. At the said rate of 18% p.a. the interest upto 5.12.1995 works out to Rs. 6,525.14. Total amount claimed on this account is thus Rs. 19,319.54.

(b) Amount of Rs. 53,939.55 towards cost of short delivery of Gray Santoon Fabric as per para 11 of the affidavit (Ex. P-11 to P-14). Interest claimed from 17.12.92, which is the date of delivery of last lot to the defendants. At the said rate of 18% p.a. the interest upto 5.12.1995 works out to Rs. 29,127.06. Total amount claimed on this account is thus Rs. 83,066.61.

(c) Amount of Rs. 52,227.50 towards the cost of undelivered Bosky Fabric as per para 13 of the affidavit (Ex. P-15 to P- 18). Interest claimed from 27.1.93, which is the last date of supply of last lot to the defendants. At the said rate of 18% p.a. the interest upto 5.12.1995 works out of Rs. 27,419.17. Total amount claimed on this account is thus Rs. 79,646.67.

(d) Amount of Rs. 37,641.80 towards reimbursement of the printing charges paid in advance in respect of short delivered/undelivered fabric as per paras 9 to 13 of the affidavit. Interest is being claimed from 27.1.93 which is the last lot of fabric delivered to the defendants. At the said rate of 18% p.a. the interest upto 5.12.1995 works out to Rs 19761.94. Total amount claimed on this account is thus Rs. 57,403.74.

(e) Amount of Rs. 21,500/- being claimed as compensation for loss suffered, as described in paras 16 & 17 of the affidavit (Ex. P-19 & P-20). The interest is being claimed from 24.5.93, which is the date of Debit Note raised in respect hereof upon the defendants. At the said rate of 18% p.a. the interest upto 5.12.1995 works out to Rs. 99,975/-. Total amount claimed on this amount is thus Rs. 3,14,975/-.

(f) Amount of Rs. 73,554.60 being claimed as refund of printing charges in respect of rejected as described in para 14 of the affidavit. Interest is being claimed from 3.6.93, which is the date of issue of Debit Note to the defendants in respect thereof. At the said rate of 18% p.a. the interest upto 5.12.1995 works out to Rs. 30,099.75. Total amount claimed on this account is thus Rs. 1,03,654.35.

6. The defendants 1 and 2 were served as per the Joint Registrar's Order dated 22.10.97 by way of publication in the daily edition of 'Nav Jyoti' dated 30.8.1997. The defendants 1 & 2 were also served by way of affixation at the last known address as per the Joint Registrar's Order dated 14.7.1998. The defendants were proceeded ex-parte as per this Court's Order dated 6th August, 1998. Thereafter the plaintiff-firm has filed evidence on 16.4.1999 by way of affidavit of Shri K.C. Jain, Partner of the plaintiff-firm to prove its case. The averments made in the plaint have thus been supported by the said evidence on affidavit.

7. Accordingly, the plaintiff is entitled to a decree as prayed. The suit is decreed. A decree is passed for a sum of Rs. 6,58,065.91/- in favour of the plaintiff and against the defendants. The defendants jointly & severally are also directed to pay pendente lite interest from the date of the filing of the suit to the date of decree @ 18% per annum on the suit amount of Rs. 6,58,065.91/-. The plaintiff-firm is also entitled for interest at 12% per annum from the date of the decree till realization as the transaction is commercial in nature.

8. Decree sheet be drawn up accordingly.

9. In view of the above, the suit stands disposed of.