Disposed

Bela Traders v. Bhagyaga Silk Mills Pvt. Ltd.

Bombay HC10 Aug 2005S/1289/1985

Case brief

AI extract

What is this about?

In a suit for recovery of money for goods sold, the court declined to adjourn for filing a written statement after 20 years due to lack of controverted facts. The court recorded plaintiff documents and passed a decree for recovery from the absent defendant.

What did the court decide?

Decree passed against the defendant and in favour of the plaintiffs for the sum of Rs. 1,87,311 with further interest at 9% per annum.

Bela Traders Vs Bhagyaga Silk Mills Pvt. Ltd. — Property and Title | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 SUIT NO. 1289 OF 1985

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 Bela Traders. .. Plaintiffs

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 vs.
 Bhagyanagar Silk

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 Mills Pvt. Ltd., .. Defendants.

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 Mr. J.S. Shah for the plaintiffs.

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 Ms. B. D’Souza i/by M.M.Vashi

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 for defendants.

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 CORAM : S.U. KAMDAR, J.

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 DATE : 10th August, 2005.

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 P.C.

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 . The present suit is filed for recovery of
 the sum of Rs. 1,87,311/- with interest on the
 principle amount of Rs. 1,19,809/- at the rate of
 24% per annum. The suit is for the goods sold and
 delivered. It is the case of the plaintiffs that
 the goods were sold by the plaintiffs to the
 defendants between the period 16.8.1982 and
 15.11.1982 and in respect of which the plaintiffs
 issued notices from time to time. It is the further
 case of the plaintiffs that the defendant has

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 accepted the said invoices but has not made payment
 in respect thereof. It is the further case of the
 plaintiff that at the foot of the account as on
 15.11.1982 there is due and payable by the defendant
 to the plaintiff sum of Rs. 1,19,809/-. It is the
 further case of the plaintiffs that the defendant
 has agreed to pay interest at the rate of 24% per
 annum. Advocate’s notice was given on 21.1.1985
 calling upon the defendant to make the aforesaid
 payment. However, the defendant has not made the
 payment and, therefore, the suit has ben filed for
 the recovery of the aforesaid amount. Though the
 defendant is served, the defendant has not filed any
 written statement. The matter was on Board on
 26.7.2005 when the matter was adjourned to 1.8.2005.
 The matter was again adjourned to 2.8.2005. On

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 2.8.2005 again the matter was adjourned to 8.8.2005
 and on 8.8.2005 the matter was adjourned to
 10.8.2005. Today the learned counsel for the
 defendant seeks time to file the written statement.
 In view of the aforesaid facts and in view of the
 fact that the suit is filed 20 years back and no
 written statement has been filed, I refuse to
 adjourn the matter for filing the written statement.

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 2. The learned counsel for the plaintiffs has
 tendered the documents which are taken on record and
 marked Exhibit P-1 collectively. The learned
 counsel has also tendered the registration

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 certificate of the plaintiffs firm. The same is
 also taken on record and marked Exhibit P-2. In
 view of the aforesaid position that there is no
 written statement and in view of the fact that none
 of the averments made in the plaint are controverted
 by the defendant, I pass the following decree.

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 There shall be a decree against the
 defendant and in favour of the plaintiff for
 the sum of Rs. 1,87,311/- with further
 interest at the rate of 9% per annum on the
 principal amount of Rs. 1,19,809/- till

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 payment and/or realisation.

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 3. Suit is disposed of accordingly. However,

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 there shall be no order as to costs.

Bela Traders v. Bhagyaga Silk Mills Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Bela Traders v. Bhagyaga Silk Mills Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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