In a summary suit for recovery of outstanding payment for goods supplied, the Court decreed the suit in favor of the Plaintiff as the Defendant failed to enter appearance despite service of summons, granting interest at 9% per annum.
Decree for recovery of Rs.70,699/- with interest at 9% per annum from due dates until payment.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
SUMMARY SUIT NO.1532 OF 2007
Technoserve Corporation. ...Plaintiff. Vs. Confidence Cycenders Petrtochem Pvt.Ltd. ...Defendant.
Mrs.H. H. Chande for the Plaintiff. None for the Defendant.
CORAM :DR.D.Y.CHANDRACHUD, J . February 15, 2008. P.C .:
The suit under Order 37 of the Code of Civil Procedure,
1908 has been instituted for the recovery of the balance price due and outstanding in respect of goods sold, supplied and delivered. The Plaintiff had supplied goods of a total value of Rs.1,80,699/- under an invoice dated 25th January 2004. A total amount of Rs. 1.10 lakh was paid by the Defendant between 16th February 2005 and 31st May 2005
leaving balance outstanding of Rs.70,699/-. The amount has not
been paid despite several reminders and notices of demand.
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The Defendant has failed to enter appearance despite service of the writ of Summons. The Plaintiff has placed on the record an affidavit of service and a compilation of the original documents. Since the Defendant has failed to enter appearance despite service, the Plaintiff is entitled to a decree, under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908.
The suit shall stand decreed as prayed with the modification
that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal amount of Rs.70,699/- from the respective due dates
until the date of the institution of the suit and at the same rate from the date of the suit until payment or realisation.
Refund of Court fees, if any, as per rules.
1 issue framed by the court
Whether the Plaintiff is entitled to a decree under Order 37 Rule 2(3) CPC given the Defendant's failure to appear.
1 provisions across 1 enactments
Confidence Cycenders Petrtochem Pvt.Ltd.
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
