Dismissed

M/S. Sterling Auxiliaries Pvt. Ltd., v. Mr. Prakash Bhanukant Shah.

Bombay HC9 Dec 2009SJ/60/2009

Case brief

AI extract

What is this about?

In a summary suit for recovery of dishonored cheque amounts, the defendant failed to file a reply or appear in court. With facts remaining uncontroverted, the court made the summons for judgment absolute and decreed the suit for the claimed sum, interest, and costs.

What did the court decide?

Summons for judgment made absolute; suit decreed for Rs. 16,34,384.04, interest at 24% p.a., and costs.

M/S. Sterling Auxiliaries Pvt. Ltd., Vs Mr… — Contract and Commercial Disputes | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUMMONS FOR JUDGMENT NO. 60 of 2009 IN

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SUMMARY SUIT NO. 2669 of 2008

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M/s. Sterling Auxiliaries Pvt. Ltd. ....Plaintiffs

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v/s.

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Mr. Prakash Bhanukant Shah

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....Defendant

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Mr S.K. Jain i/b. M.K. Jain for the plaintiffs.

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CORAM:- A.M.KHANWILKAR, J.

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DATED:- December 09, 2009.

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P.C.

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This Summary Suit has been filed for recovery of amount of Rs. 16,34,384.04 from the Defendant with further interest at the rate of 24% per annum on the principal amount of Rs. 11,55,742.04 from the date of filing of the suit till realisation with cost and professional cost.

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The Plaintiffs have taken out present Summons for Judgment. The record

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indicates that this Summons for Judgment has been duly served on the Defendant. As a matter of fact, the Defendant has entered appearance before

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this Court on 17^th January, 2009 through Advocate. However, no reply has been filed so far to counter the assertions made in the plaint or the affidavit in support of the Summons for Judgment. The facts so asserted by the Plaintiffs have remained uncontroverted. The Defendant has not even bothered to appear before this Court when the matter is called out. The only option to the Court is to make the Summons for Judgment absolute.

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Counsel for the Plaintiffs has handed over original documents including the dishonored cheques. The same is taken on record. The claim in the suit is for recovery of the admitted liability of the Defendant which can be discerned from the cheques issued by the Defendant which, however, have been dishonored. The liability arises out of the goods sold, delivered and supplied by the Plaintiffs to the Defendant, which position is substantiated from the invoices referred to in the plaint. Inspite of legal notice issued by the Plaintiffs, the Defendant failed and neglected to discharge his liability. As aforesaid, even after institution of the present suit and service of the Summons for Judgment, the Defendant has not even bothered to file reply to counter the assertions made in the plaint as well as affidavit in support of Summons for Judgment.

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In the circumstances, the Summons for Judgment is being made

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absolute. The Suit is also decreed in terms of the prayer clause in the Suit which

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read thus:-

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“A decree for the sum of Rs. 16,34,384.04 be awarded against the defendant and in favour of the Plaintiffs, further interest @ 24% p.a. be awarded on the principal amount of Rs. 11,55,742.04 from the date of filing of the suit till realization with cost and professional cost.”

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Accordingly, the Summons for Judgment as well as suit stands disposed of

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on the above terms with costs.

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A.M.KHANWILKAR, J

M/S. Sterling Auxiliaries Pvt. Ltd., v. Mr. Prakash Bhanukant Shah.

Case brief

What is this about?

What did the court decide?

M/S. Sterling Auxiliaries Pvt. Ltd., v. Mr. Prakash Bhanukant Shah.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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