Geomatrix Retail Pvt. Ltd. v. Evinix Industries Ltd.
Case brief
What is this about?
In a suit for recovery of dues arising from a contract for sale of garments, the defendant failed to file an affidavit in reply despite being represented by counsel who was subsequently discharged. The court treated correspondence as frivolous defenses. The Summons for Judgment was made absolute and the suit was decreed with refund of court fees.
What did the court decide?
Summons for Judgment made absolute and Suit decreed with refund of court fees as per rules.
What the court decided
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1
SJ214_10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO. 214 OF 2010 IN
SUMMARY SUIT NO. 1160 OF 2010
Geomatrix Retail Pvt. Ltd. VERSUS
..... Plaintiffs
Evinix Industries Limited ..... Defendants
Mr.Sanjay Jain with Ms.Megha Martins, i/b.Purnanand & Co. for the Plaintiffs.
None for the Defendants.
CORAM : R.D. DHANUKA, J.
DATE : 19th JUNE, 2012.
Issues for consideration
2 issues framed by the court
Whether the summons for judgment in a suit for recovery of dues due to defendant's failure to file affidavit should be made absolute.
Whether the suit filed for recovery of outstanding amount between the parties should be decreed.
Coram
R.D. DHANUKA
Case details
As recorded by the court registry
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