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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, BIPIN GUPTA
Shalimar Electrical, Through Satatwdhari Shri Satynarayan, S/o. Late Shri Ramchandra Ajmera – Appellant
Versus
Kanchan India Limited, Through Managing Director – Respondent
JUDGMENT :
Bipin Gupta, J.
1. The present Civil First Appeal has been preferred by the plaintiff-appellant assailing the judgment dated 23.10.2019, passed by learned Commercial Court, Ajmer, in Civil Suit No. 189/2018 (124/2014) CIS No. 123/2018, whereby the suit instituted by the plaintiff-appellant for recovery of amount has been partly decreed in its favour.
2. The controversy, in a narrow compass, is that a suit came to be filed by the plaintiff-appellant against the defendant- respondent for recovery of amount to the tune of Rs.10,24,017/-, contending therein that on 18.03.2008, the plaintiff-appellant, who was a dealer of M/s. Schneider Electric India Pvt. Ltd., received a purchase order from the defendant-respondent for supply of electric switchgear worth Rs. 60,43,356/-. The supplies were effected from 22.04.2008 till 19.05.2008. However, the defendant-respondent did not take delivery of the goods and, therefore, the plaintiff-appellant was compelled to store the goods at its premises/godown. Upon being asked the reason for not taking delivery of the goods, the defendant-respondent replied that the requirements had changed and, therefore, a fresh purchase order would be placed
The main legal point established in the judgment is that the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 does not apply to transactions prior to its enf....
The court has discretion to award pendente lite and post decree interest even in the absence of a contractual provision, considering the conduct of the parties involved.
Court upheld contractual interest of 18% from pre-suit period while awarding 9% future interest post-decree, reflecting equitable considerations of a commercial transaction.
Under the Indian Law neither consideration nor an agreement would be necessary to constitute waiver. Therefore, a written agreement discharging liability is not a mandate of law.
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