C. M. NAYAR ( 1 ) THE. present suit is filed by the plaintiff for recovery of Rs. 4,33,000. 00 against the defendants. Shri G. P. Agarwal who was instituted the suit, signed and verified the plaint is the Secretary and Principal Officer of the plaintiff and has been authorised by the Board of Directors of the plaintiff company to institute proceedings on behalf of the plaintiff. ( 2 ) DEFENDANT No. 1 is a partnership firm and defendants 2 to 4 are-its partners and have carrying on their business at Lucknow, They are jointly and severally liable to pay the suit amount. The plaintiff company carries on the business of manufacturing writing and printing papers and selling the same and has its factory at village Dhamora, District Ram Pur (U. P. ). ( 3 ) THE brief facts are that the defendants have been purchasing from time to time goods like writing and printing papers for which different bills were raised by the plaintiff. It is averred that the defendants have been making part payments in account and in the said account of sum of Rs. 3,33,773. 00 was outstanding against the defendants since October 27,1986. The details of the outstanding amount are shown in Annexure P-1 which is kept in the books of account of the plaintiff showing the bills raised and payments received. ( 4 ) THE following facts as enumerated in the plaint in paragraphs 8 and 9 may be reproduced as under: "8. That the plaintiff sent the Statement of Account to the defendants as per books of the plaintiff in the month of February, 1986 showing therein the debit balance of Rs. 4,63,773. 00 as on 31. 12. 1985. The defendants confirmed the said debit balance after reconciling the Statement of Account under their letter dated 24. 2. 1986. 9. That the defendants did not make the payment in the above account, even after acknowledgment of their liability as mentioned in the preceding paragraph, therefore, the matter was discussed by the defendants with the Commercial Manager of the plaintiff in their office in which the defendants expressed their regret that the payment of the outstanding amount could not be made due to financial difficulties. This fact was later confirmed by the defendants in their letter dated 18. 6. 86 assuring the plaintiff that the payment of the outstanding amount of Rs. 4,63,773. This fact was later confirmed by the defendants in their letter dated 18. 6. 86 assuring the plaintiff that the payment of the outstanding amount of Rs. 4,63,773. 00 shall be cleared by December, 1986 and sent therewith a draft for Rs. 20,000. 00 payable in Delhi in part payment thereof. The defendants thus paid against the above outstanding Rs. 1,30,000. 00 including the. above draft from June 1986 to October, 1986 leaving the balance of Rs. 3,33,773. 00 as on 27. 10. 1986 as shown in the Statement of Account Annexure P-1 mentioned above and the last payment having been made in the open running account of the defendantson27. 10. 1986. The defendants did not pay the said balance amount in spite of repeated demands and service of notice dated 20. 3. 1988. " ( 5 ) IT is further alleged that the defendants are liable to pay interest at the rate of 18 per cent per annum as per terms of supply as well as trade, custom and usage and Interest Act. The following amounts as contained in para 11 of the plaint are due from the defendants: (i) Principal Amount Rs. 3,33,773. 00 (ii) Interest upto 30. 6. 88 Rs. 1,00,132. 00 Total Rs. 4,33,905. 00 ( 6 ) THE plaintiff has claimed Rs. 4,33,000. 00 after leaving Rs. 905. 00 out of the interest. ( 7 ) WRITTEN statement was filed by the defendants thereby controverting the allegations made in the plaint. Replication was filed by the plaintiff reiterating the averments made in the plaint. The following issues were framed on 24th September, 1992: 1. Whether the defendants are not liable to pay the suit amount as claimed? OPD 2. Whether the plaintiff is entitled to interest and if so, at what rate? OPP 3. Relief. Subsequently, vide order dated February 14,1996 the defendants were proceeded against ex parte as they failed to appear in Court and the affidavit by way of evidence was ordered to be filed. The plaintiff has filed the affidavits of Shri G. P. Aggarwal, Secretary and Principal Officer of the plaintiff company and Shri J. K. Aggarwal, General Manager (Finance ). ( 8 ) THE plaintiff company has filed the documents, which are marked as Exhibits P- 1 to P-41. The plaintiff has filed the affidavits of Shri G. P. Aggarwal, Secretary and Principal Officer of the plaintiff company and Shri J. K. Aggarwal, General Manager (Finance ). ( 8 ) THE plaintiff company has filed the documents, which are marked as Exhibits P- 1 to P-41. Exhibit P-1 is the true copy of the Resolution passed by the Board of Directors in their meeting held on 29th July, 1987 authorising Shri G. P. Aggarwal to institute the suit, sign and verify the pleadings. Exhibit P-ll is the certificate of incorporation of the plaintiff company. Exhibits P-3 to P-36 are the copies of the different bills which were prepared from time to time and the same have entered in the Account Book/ledger maintained by the plaintiff in its regular course of business and the payments received in account from time to time from the defendants by means of cheque or Draft or cash were duly entered in the account books. Exhibit P-37 is the legal notice dated March 20,1988 sent to be defendants and the postal receipt and AD cards are Exhibits P-38 to P-40. The true copies of the statements of accounts which are prepared as per the ledger are collective marked as Exhibit P-41. ( 9 ) I have heard learned counsel for the plaintiff and also perused the documents on record. The defendants have not appeared in Court to repudiate the claim of the plaintiff. The plaintiff has proved the claim and the same is supported by evidence which has been filed by affidavits and is corroborated by the documents on record. ( 10 ) ACCORDINGLY, I pass a decree in the sum, of Rs. 4,33,000. 00- with costs in favour of the plaintiff and against the defendants. The plaintiff shall also be entitled to pendente lite and future interest at the rate of 12 per cent per annum from the date of institution of the suit till realisation.