ORDER
J.D. Kapoor, J.
1. This is a suit for recovery of Rs.6,04,109.00 based upon unpaid invoices and the statement of account. Put briefly the claim of the plaintiff is that the defendant has been its customer since 1992 and had been purchasing adhesive Vamicol of various specifications from time to time and had been maintaining two regular running accounts bearing Np.E-0134 and E-0144 with the plaintiff company. The plaintiff company has also been entering the details of invoices cum challans by which goods were supplied and the payments received in the said running accounts. After taking into account the payments made by the defendant to the plaintiff it was found that the defendant owes to the plaintiff a sum of Rs.3,94,327.00 towards the cost price of the goods supplied. Since the defendant failed and neglected to make the payment despite repeated reminders and requests the instant suit was filed. As per custom, trade usage and practice the plaintiff has also claimed the interest at the rate of 18 per cent per annum. The cause of action last arose when the defendant failed to make the payment despite notice of demand dated 30.7.96.
2. Inspite of service of summons of the suit the defendant did not choose to contest it and allowed himself to be proceeded ex parte.
3. In support of its claim the plaintiff has filed affidavit by way of evidence proving following documents: (i) Ex PW1/4, the true copy of statements of account No.E-0134 showing the balance of Rs.3,36,318/-, (ii) Ex.PW1/5 copy of statement of account No.P0144 showing the balance of Rs.58009/-, (iii) Ex.PW1/6 to PW1/21, the unpaid invoices vide which the goods were supplied and duly received by the defendant. These documents show that the defendant has been a regular customer of the plaintiff since 1992 and has bene maintaining aforesaid regular running accounts in which the payments received by the plaintiff were duly entered in.
4. From the statement of account an amount of Rs.7,69,073/- was due as on 16.12.93 and after making the party payments, balance of Rs.3,94,327/- was due as on 16.12.93. Statement of Account Ex.PW1/4 shows the balance of Rs.3,36,318/- as on 30th May, 96 whereas statement of Account Ex.PW1/5 against account No.E0144 shows balance of Rs.58009/- as on 15.6.94. As per trade practice and usage the plaintiff has not been claiming any interest from the defendant even in the case of the late payment made by the defendant towards a particular invoice and as such the interest claimed by the plaintiff w.e.f. 16.12.93 on the balance of Rs.3,94,327/- is not permissible. The plaintiff at the most is entitled to the interest at the rate of 18 per cent per annum on the amount of Rs.3,36,318/- w.e.f. 30.5.96 and or Rs.58009/- at the rate of 18 per cent w.e.f.15.6.94 which works out to 73,678/- totalling to Rs.4,44,223/-.
5. The suit is decreed for Rs.4,44,223/- in favor of the plaintiff and against the defendant with pendente lite and future interest @ 18% per annum besides the costs of the suit.