In a summary suit to recover dues for goods sold on invoice terms with 24% interest, the court decreed the plaintiff's claim after finding no evidence against it. Interest post-filing was fixed at 12% p.a. with costs quantified as per rules.
Suit decreed as prayed; interest post-filing fixed at 12% p.a.; costs to be quantified; refund as per rules.
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.
15.ss.1527.11
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1527 OF 2011
Rajesh J. Shah ..Plaintiff -Versus-
M/s. Balaji Enterprises & Ors. ..Defendants
Mr. Ramesh Jain i/b Ramesh Jain and Kusum Jain for the Plaintiff.
None for the Defendants.
CORAM : S.J. VAZIFDAR, J. DATE : 15TH FEBRUARY 2012.
P.C.
1 The suit is filed to recover the amounts due in respect of the goods sold and delivered by the plaintiff to the defendant. The sales were on the terms and conditions contained in the invoice. The invoice stipulates interest at 24% p.a.. There was no reply to the plaintiff’s advocates’ notice demanding payment.
2 The defendants are absent. There is no written statement. The defendants have not filed an appearance. There is nothing on record that militates against the plaintiff’s claim in suit. There is no reason to disbelieve the submissions and averments in the plaint.
15.ss.1527.11
12% p.a. Costs to be quantified as per rules.
Refund, if any, as per rules.
3 issues framed by the court
Whether the plaintiff is entitled to decree for the recovery of amounts due in respect of goods sold and delivered.
The rate of interest applicable after the date of filing of the suit.
The entitlement of costs and refund as per rules.
1 provisions across 1 enactments
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
