Court rules in favor of plaintiff under Indian Companies Act, orders defendants to pay Rs. 1,18,492.66.

The court found in favor of the plaintiff, ruling that they were duly incorporated under the Indian Companies Act and authorized to bring the suit. It was confirmed that the plaintiff supplied goods to the defendants and was entitled to charge interest at a rate of 12% per annum. The court rejected various counterclaims by the defendants and ordered them to pay the plaintiff a total of Rs. 1,18,492.66, along with interest and costs of the suit. The defendants' counterclaim was dismissed without costs.

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Issues Involved:

1. Incorporation and Authorization
2. Supply of Goods
3. Entitlement to Interest
4. Counterclaims by Defendants
5. Amount Recoverable by Plaintiff
6. Relief

Summary:

1. Incorporation and Authorization:
The court found that the plaintiff is duly incorporated under the Indian Companies Act and the suit has been instituted by a person authorized by the company.

2. Supply of Goods:
The court confirmed that the plaintiff supplied goods relating to Bill No. 283560 dated 24.3.76 to the defendants.

3. Entitlement to Interest:
The plaintiff is entitled to charge interest because the defendants unjustifiably denied the plaintiff's claim. The court fixed the rate of interest at 12% per annum from the date of the plaint until realization.

4. Counterclaims by Defendants:
The court addressed various counterclaims made by the defendants:
- No amount is due from the plaintiff to the defendants as alleged in Clauses (a) to (h) of para 27 of the written statement.
- A sum of Rs. 20,000.00 as alleged in para 28 of the written statement is not due from the plaintiff to the defendants.
- The defendants have not proved their claim to a commission of Rs. 60,000.00 as stated in para 29 of the written statement.
- The defendants are not entitled to a sum of Rs. 7,988.00 as stated in para 30 of the written statement.
- The defendants are not entitled to a sum of Rs. 1,652.25 as stated in para 32 of the written statement.
- The defendants have not proved their claim as stated in para 33 of the written statement.

5. Amount Recoverable by Plaintiff:
The court found that the plaintiff is entitled to recover a sum of Rs. 1,18,492.66 from the defendants.

6. Relief:
The court decreed:
- Directing the defendants to pay the plaintiff a sum of Rs. 1,18,492.66.
- Directing the defendants to pay the plaintiff interest at 12% per annum on the sum of Rs. 1,18,492.66 from the date of the suit until realization.
- Directing the defendants to pay the plaintiff the costs of the suit.
- Dismissing the counterclaim filed by the defendants with no costs.

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