In a summary suit for recovery of price of goods, the court, having heard the plaintiff's counsel and finding no appearance by the defendant who failed to file a reply, made the summons for judgment absolute and passed a decree with interest.
Decree for Rs. 1,93,250/ with future interest at 12% per annum and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 318 OF 2003
IN
SUMMARY SUIT NO. 217 OF 2003
M/s. Nexue Computers Ltd. ..Plaintiff
versus
Bermaco Energy Systems Ltd. ..Defendant
Mr. M. D. Pokale for the Plaintiff.
None for the Defendant.
CORAM : D. G. DESHPANDE,J.
DATE : 6TH OCTOBER 2004.
P.C. :
Heard learned counsel for the plaintiff. He files
affidavit of service. The suit claim is for
recovery of the price of the goods sold and
delivered. Summons for Judgment and Affidavit in
Support thereof is served upon the clerk of the
Advocate when the service was tried to be effected.
Advocate has filed his appearance in this case.
Nobody is present for the defendants. No reply is
filed. Summons for Judgment is made absolute.
There shall be a decree in the sum of Rs.1,93,250/=
with future interest at the rate of 12% per annum
2
from the date of the suit till payment and costs of
the suit. Refund of court fees as per the Rules.
Summons for judgment and suit stands disposed of
accordingly. Decree be drawn up accordingly.
****
2 issues framed by the court
Whether the summons for judgment should be made absolute in the absence of the defendant?
Whether a decree for the price of goods sold and delivered should be passed?
D. G. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court