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1972 Supreme(SC) 63

A. N. RAY, M. H. BEG, S. M. SIKRI
Thomas Abraham And Six Others – Appellant
Versus
National Tyre And Rubber Co. , Kottayam – Respondent


Judgment

RAY, J. :- This is an appeal by certificate from the judgment dated 10 November, 1966 of the High Court of Kerela setting aside the decree passed by the trial Court save and except for a sum of Rs. 4037.32.

2. The plaintiffs are the appellants. The appellants claimed a decree for the principal amount of Rs. 29149-2-10 and interested thereon for Rs. 1923-13-2 aggregating Rs. 31073 and further interest at 9% on the said principal amount. The appellants and the respondent had dealings and transactions in Latex rubber. The appellant s claim is found on a letter of acknowledgment dated 18th March, 1955 wherein a sum of Rs. 61,482-9-11 was found due as the price of Latex rubber supplied by the appellants to the respondent and a further sum of Rs. 17321-1-3 was mentioned to be due by the respondent to the appellants as interest in accordance with the agreement. The aggregate sum due was Rs. 78803-11-2. The appellants gave credit to the respondent for sums of money paid on divers occasions. The appellants claimed the balance sum of Rs. 31073 and further interest.

3. The defence of the respondent was as follows. The amount of interest shown as Rs. 17321-1-3 could not be interest on th












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