A summary suit filed for recovery of dues for goods sold and delivered was decided in favor of the plaintiff. The court decreed the suit, reduced interest to 12% post-filing, and noted defendant's default.
The suit is decreed. Interest post-filing limited to 12% per annum. Costs to be quantified 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.
16.ss.1677.11
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 1677 OF 2011
Somosaran Syntex Pvt. Ltd. ..Plaintiff -Versus-
Tufail Qasim Ansari ..Defendant
Mr. Ramesh Jain i/b Ramesh Jain and Kusum Jain for the Plaintiff.
None for the Defendant.
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 invoices. The invoices stipulate interest at 24% p.a.. There was no reply to the plaintiff’s advocates’ notice demanding payment.
2 The defendant is absent. There is no written statement. The defendant has 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.
16.ss.1677.11
3 The plaintiff has filed a compilation of the original documents. The same is taken on record and marked Exhibit “A” collectively.
12% p.a. Costs to be quantified as per rules.
Refund, if any, as per rules.
2 issues framed by the court
Whether the plaintiff's claim for recovery of amounts due on goods sold and delivered is sust
Whether interest rate post-filing of suit should be reduced from contract rate of 24% to 12%
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
