This is a suit for recovery of Its. 2,19,369.86 The summons was sent to the defendant through bailiff who has reported that when the summons was delivered to a clerk of the defendants he took it to an officer who after reading it refused to accept it. The summons sent by Registered Post has been served as postal acknowledgement receipt is on the record. Even notice of the date of hearing fixed on 15-12-1981 was served on the defendants but they did not appear and after hearing the plaintiffs the judgment was reserved and in the meantime the plaintiffs were directed to produce the original documents.
2. Mr. Mirza has produced the original documents except the cheque, photocopy of which has been filed with the plaint. Briefly the facts are that in September, 1978 the defendant purchased a total quantity of 100 metric tons M. S. Bars of different sizes.- This order was placed by the defendants by their letter dated 28th September, 1978, enclosing a post dated cheque dated 19-10-1978 for Rs.
5,00,000 being the price of the said goods. Photocopy of the cheque has been produced alongwith the plaint. When the cheque was presented it was dishonoured and the plaintiff by its letters dated 14.1 t-1978, 13-I 1-1978 and 6-2-1979 requested the defendants to pay the said amount. A legal notice dated 27-3-1979 was also served upon the defendants. The defendants by their letter dated 26th May, 1979 requested for time to pay the amount but they failed to do so. The plaintiff has thus filed a suit claiming for Rs. 5,00,000 towards the price of goods and Rs. 2,19,369.86 by way of interest calculated at the rate of 17% per annum with effect from 1-I1-1978 to 1-5-1981.
3. From the averments made in the plaint which is verified on oath and the documents filed by the plaintiff it is proved that the defendants having purchased 100 metric ons M S bars have failed to pay Rs. 5,00,000 which has been impliedly admitted by them. However, the plaintiff's claim for interest for Rs. 2,19,369.86 is not valid and proper. For the first time the plaintiff issued a legal notice on 27th March, 1979 where it claimed interest at the rate of 12--%a per annum with effect from 19- 10-1978. The plaintiff can claim interest if it B is provided in the agreement or from the date of notice served upon the defendant claiming interest from the defendants. The Plaintiff will thus be entitled to the interest at the rate of 12% per annum from 27th March, 1979, till the filing of the suit and not at the rate of 17% per annum from 19-10-1978 as claimed in the suit. Therefore the plaintiff is entitled to Rs. 1,51,666 towards interest up to the date of filing of the suit. I therefore, decree the suit for Rs.
6,51,666 with interest at the rate of 12--fa per annum from the date of the suit till recovery and proportionate cost.