Partly allowed

Mr. Vishnu Ajboni the Prop. of Deco Plywood v. M/S Kienzaids Bio-Clean Device Pvt.Ltd.

Bombay HC23 Mar 2005SJ/298/2004

Case brief

AI extract

What is this about?

In a summary suit for recovery of goods sold and delivered, the Bombay High Court found no valid defence against cheques issued by the defendant for goods not denied. The court made the summons partly absolute, granted a decree equivalent to the cheque amounts plus interest, and allowed the plaintiff to defend the remaining suit claim in the commercial causes list.

What did the court decide?

Decree granted for Rs. 1,94,898/- equivalent to cheque amounts with interest at 9% p.a. from date of suit; unconditional leave to defend rest of claim in commercial causes list.

Mr. Vishnu Ajboni the Prop. of Deco Plywood… — Contract and Commercial Disputes | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE OF BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 SUMMONS FOR JUDGEMENT NO. 298 OF 2004

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IN

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 SUMMARY SUIT NO. 2347 OF 2003

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 Mr.Vishnu Ajboni, Prop of

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 M/s.Deco Plywood .. Plaintiffs

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 versus

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 M/s.Klenzaido Bio Clean Devices

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 Pvt. Ltd. .. Defendants

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 Mr.Pramod Kumar Parida for the plaintiff.

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 Mr.Shiralkar for the defendants.

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 CORAM : D.G. KARNIK,J.

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 DATED : 23rd March 2005.

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 P.C.:

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 1. Heard the learned counsel for the parties.

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 2. This Summons for Judgement is taken out by the

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 plaintiff in a suit filed by it for recovery of the
 price of the goods sold and delivered to the
 defendant. The only defence that is raised by the
 defendant in the affidavit in reply is that the suit
 cannot be tried as a summary suit because the amount
 is claimed to be due at the foot of the account. In
 addition, the learned counsel for the defendant
 orally submits that there is no agreement to pay
 interest and therefore, also the suit is not
 maintainable. The defendant had issued two cheques
 one for Rs.1,37,990/- and second for Rs.56,908/-
 towards payment of the two bills Exhibit-A1 and A2 of
 the plaint. The defendant has not denied the receipt
 of the goods covered by invoice at Exhibit A1 and A2
 and has also not denied the receipt of the invoices.
 The defendant has also not denied the issuance of the
 said two cheques.

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 3. Thus, in my view, there is no defence
 available to the defendant in respect of the amounts
 covered by two cheques.

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 4. Hence, Summons for Judgement is made partly
 absolute and there shall be a decree against the
 defendant in the sum of Rs.1,94,898/ being the amount

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 equivalent of the two cheques issued by the
 defendant.

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 5. The defendant shall pay the said sum of

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 Rs.1,94,898/- to the plaintiff together with interest
 thereon at 9% p.a. from the date of the suit till
 payment. The question of costs would be considered

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 at the time of the trial of the suit.

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 6. The defendant is granted unconditional leave
 to defend rest of the suit claim. The suit shall

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 stand transferred to the list of commercial causes.
 The defendant to file written statement within a

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 period of six weeks.

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 D.G. KARNIK, J

Mr. Vishnu Ajboni the Prop. of Deco Plywood v. M/S Kienzaids Bio-Clean Device Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Vishnu Ajboni the Prop. of Deco Plywood v. M/S Kienzaids Bio-Clean Device 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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