The court dismissed the defendants being absent and decreed the suit based on the plaintiff's affidavit and evidence of confirmed goods transport and liability acknowledgment by defendants.
Defendants jointly and severally ordered to pay Rs 2,85,916.00, further interest at 15% p.a., and costs of the suit.
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 ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1168 OF 2008
Kavita Kishor Morbia .... Plaintiff.
V/s
Janak Enterprises
and anr. .... Defendants.
Mr. Mahesh Devani for plaintiffs. None for defendants.
CORAM: V.M. KANADE, J. DATE : 4TH SEPTEMBER, 2009
P.C.:
4 Plaintiff has transported goods to the defendants.
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Defendants have given confirmation of having received the said goods and acknowledged their liability. The letter dated 1/4/2005 acknowledging liability is annexed at Exhibit-B on page 25 of the plaint. In view of the confirmation given by defendants of the amount which is due and payable by defendants to plaintiff, plaintiff is entitled for judgment and decree more particularly because no appearance or reply has been filed by defendants within 10 days from the date of service of the writ of summons.
5 Defendants are jointly and severally ordered and directed to pay to plaintiff a sum of Rs 2,85,916.00 together with further interest due on principal amount of Rs 1,88,101.50 @ 15% p.a from the date of filing of the suit till payment and/or realization with costs of the suit.
1 issue framed by the court
Whether plaintiff is entitled to decree upon defendants' failure to appear despite acknowledgment of liability.
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
