J. D. Kapoor ( 1 ) THIS is a suit for recovery of Rs. 10,79,440. 00 with pendentelite and future interest at the rate of 24% per annum filed by the plaintiff. ( 2 ) THE plaintiff is a partnership firm duly registered under the Indian Partnership Act. The plaintiffs are original equipment manufacturers, dealers and suppliers of Industrial Diesel Generating Sets. ( 3 ) IT is averred that an order for supply of 380 kva DG Set with accessories was placed by the defendants on the plaintiff and the defendants purchased the said DG set from the plaintiff against plaintiff s Invoice No. 1545 dated 3 1/01/1997 for Rs. 12,65,000. 00 on credit. On the assurances and representations of the defendants that the post dated cheques which were being issued by them be treated as equivalent to cash payment. The plaintiff accepted as many as six post-dated cheques by way of instalments amounting to Rs. 2,10,500. 00 each and delivered the DG set/equipments. The defendants made the plaintiffs to part with one no. of 380 KVA DG set with kcl Engine and other equipments as detailed in Invoice No. 01565 dated 31. 1. 1997. ( 4 ) ONLY two cheques bearing no. 230374 dated 21. 2. 1997 and 230375 dated 7. 4. 1997 were cleared by the bankers. When Cheque no. 230376 dated 4. 5. 1997 was presented for encashment, the same was returned by their bankers with the remarks "exceeds arrangements". The plaintiffs informed the defendants about the dishonouring of the said cheque but they assured the plaintiffs that on representation of the said cheque, it would be cleared immediately and therefore plaintiffs presented the cheque again. To the utter surprise of the plaintiff, cheque on representation was again dishonoured. Again cheque No. 230377 dated 21. 5. 1997 was presented, the same was returned with the remarks "stop Payment". Remaining two cheques were not presented by the plaintiff because of the dishonest intention of the defendants for non-payment. ( 5 ) THUS debit balance of Rs. 8,44,000. 00 fell due from and payable by the defendants towards principal amount of the value of the DG set. ( 6 ) THROUGH this suit, the plaintiff has also claimed interest at the rate of 24% per annum as per custom and usage of the trade as well as agreement between the parties. 8,44,000. 00 fell due from and payable by the defendants towards principal amount of the value of the DG set. ( 6 ) THROUGH this suit, the plaintiff has also claimed interest at the rate of 24% per annum as per custom and usage of the trade as well as agreement between the parties. ( 7 ) CAUSE of action for the present suit arose in the month of January, 1998 when defendants issued post-dated cheques and they defrauded the plaintiffs and by making them to part with the DG Set. It again arose when only two cheques were dishonoured for non-payment. Despite repeated demands and requests, the defendants did not- make payment of the balance amount and also failed to make the payment in respect of service of legal notice of demand dated 14. 3. 1998. ( 8 ) SUMMONS were served upon the defendants. However they put in appearance on 8/10/1999 through Shri J. K. Chawla, Advocate who informed that in cp No. 44 of 1997 winding up orders in respect of the defendant company have been passed and that application shall be filed in this regard. Neither did defendant put in appearance thereafter nor application for winding up orders in respect of the defendant company was filed. Consequently defendant was proceeded ex parte. ( 9 ) THE plaintiff has established and proved its claim by way of affidavit and proving the following documents :- 1. Photocopy of the Registration Form A issued by the registrar of Firm, Delhi.- Public Witness 1/1. 2. Copy of Invoice No. 01565 dated 31. 1. 1997 - Public Witness 1/2. 3. Original Cheque No. 230376 dt. 21. 4. 97 of Rs. 2,10,500. 00 drawn on Allahbad Bank, Karol Bagh, New delhi.- Public Witness 1/3. 4. Original Chequee No. 230377 dt. 21. 5. 97 of rs. 2,10,500. 00 drawn on Allahbad Bank, Karol Bagh, New delhi.- Public Witness 1/4. 5. Original Cheque No. 230378 dt. 21. 6. 97 for rs. 2,10,500. 00 drawn on Allahabad Bank, Karol Bagh, new Delhi.- Public Witness 1/5. 6. Original Cheque No. 230379 dt. 21. 7. 97 drawn on allahabad Bank, Karol Bagh, New Delhi.- Public Witness 1/6. 7. Original receipt of list of cheques etc. delivered by allahabad Bank, Karol Bagh, New Delhi - Public Witness 1/7. 8. Original Bank Memo dated 23. 5. 1997 issued by Allahbad bank, Karol Bagh, New Delhi.- Public Witness 1/8. 9. 6. Original Cheque No. 230379 dt. 21. 7. 97 drawn on allahabad Bank, Karol Bagh, New Delhi.- Public Witness 1/6. 7. Original receipt of list of cheques etc. delivered by allahabad Bank, Karol Bagh, New Delhi - Public Witness 1/7. 8. Original Bank Memo dated 23. 5. 1997 issued by Allahbad bank, Karol Bagh, New Delhi.- Public Witness 1/8. 9. Copy of notice dated 14. 3. 1998 served by the plaintiff through their Counsel Shri Hukam Chand sukhija on the defendant.- Public Witness 1/9. 10 Original Postal Receipt No. 1797 dt. 20. 3. 1998.- public Witness 1/10 11 Original Postal Receipt No. 1798 dt. 20. 3. 1998.- public Witness 1/11. 12. Original Acknowledgement Card for the notice. Public Witness 1/12. 13. True copy of the Statement of Account maintained by the plaintiff - Public Witness 1/13. ( 10 ) THE aforesaid documents coupled with the affidavit show that the amount of Rs. 8,44,000. 00 was due towards principal amount and Rs. 2,35,440. 00 towards interest @ 24 per cent upto the date of filing of the suit. ( 11 ) THE suit is hereby decreed for a sum of rs. 10,79,400. 00 with pendentelite and future interest @ 24% per annum in favour of the plaintiff. The suit is decreed accordingly.