Allowed

Vikas Medical Book House v. the State of Maharashtra and Anr.

Bombay HC10 Dec 2009SS/1916/2003

Case brief

AI extract

What is this about?

In a summary suit for supply of books, the court passed an ex-parte decree against the State of Maharashtra as the Dean was not personally liable. A decree was granted for the principal amount with 6% annual interest from the date of suit institution, dismissing the claim against the Dean.

What did the court decide?

Ex-parte decree against the State forRs.5,98,203.84 plus 6% p.a. interest; costs awarded; suit dismissed against the Dean.

Vikas Medical Book House Vs the State of… — 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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SUMMARY SUIT NO.1916 OF 2003

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Vikas Medical Book House...Plaintiff
vs.
1 State of Maharashtra
2 The Dean,
 Shri Vasantrao Naik Government
 Medical College,
 Yavatmal 445 001...Defendants

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Ms Varsha Palav a/w Ms Prajakta Mhatre for the plaintiff
None for the defendant

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 CORAM :A.S.OKA,J.
 DATE : DECEMBER 10, 2009

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P.C.

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1The suit is shown on board for passing ex-parte
decree. It is pointed out that the writ of summons under
sub rule 2 of Rule 2 Order XXXVI of the Code of Civil
Procedure,1908 has been served to the defendants. The
defendants have not entered the appearance within the
time provided by law.

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2The plaintiff has placed on record an affidavit in
support of the claim. A compilation of documents has been
tendered on record. The case made out by the plaintiff
is that the plaintiff sold and supplied to a medical
college of the 1st defendant various books during the
period from 14th February 2000 to 10th march 2000 under 19
invoices. The total amount invoices is of Rs.
5,98,203.84. Copies of the invoices are placed on
record. Apart from the fact that the plaintiff is

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entitled to a decree in view of sub rule 3 of rule 2 of
Order XXXVII of the said Code, the plaintiff has proved
the claim by the said affidavit and documents as against
the 1st defendant. The 2nd defendant is a Dean of the
medical college to which books were supplied. There
cannot be any personal decree against the 2nd defendant
and therefore, decree will have to be passed only as
against the 1st defendant-State of Maharashtra.
3The principal amount payable as per the invoice is a
sum of Rs.5,98,203.84. The further interest will have to
be granted on the said amount at the rate of 6% from the
date of institution of the suit till realisation or
payment.

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4Hence, I pass the following order :

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i)There will be a decree against 1st defendant in

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terms of prayer clause (a) subject to modification
that further interest payable on the principal
amount of Rs.5,98,203.84 will be at the rate of 6%
p.a. From the date of institution of the suit till
realisation.

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ii)The plaintiff will be entitled to recover costs of
the suit from the 1st defendant.

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iii)The suit stands dismissed as against the 2nd
defendant.

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iv)The plaintiff will be entitled to refund of court
fees as per the rules.

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 JUDGE

Vikas Medical Book House v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vikas Medical Book House v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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