- 1 - 12.sj.191.2011 ss.479.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 191 OF 2011 IN SUMMARY SUIT NO.479 OF 2011 PPG Coatings India Pvt. Ltd. ..Plaintiff -Versus- M/s.Ashapura Shipping Ltd. ..Defendant .......... Mr.A.S.Daver i/b Ashok Dhanuka for the Plaintiff. Mr.Aniket Nikam a/w. Mr.Nitin Parkhe i/b Sopan V. Parkhe for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 17TH AUGUST 2011. P.C. 1 The suit is filed to recover the amounts in respect of the goods sold and delivered by the plaintiff to the defendant on the terms and conditions contained in an invoice dated 8th January 2009. There is no dispute that the goods were delivered. There is no dispute that the invoice was raised on the defendant. There is no dispute that payment has not been made in respect of the invoice. 2 The only defence is that the defendant’s sister concern Ashapura Shipping (UAE) FZE is liable to pay the amounts and not the defendant. - 2 - 12.sj.191.2011 ss.479.11 Reliance is placed on the purchase order dated 31st December 2008 wherein it was stated inter-alia that all invoices, delivery challans etc. are to be in the name of Ashapura Shipping (UAE) FZE. However, the fact is that thereafter the suit invoice dated 8th January 2009 was raised on the defendant. The defendant accepted the same. The defendant is shown as the buyer therein. The defendant raised no protest about the invoice being raised on it. It is not open now to the defendant to contend that despite the same, it is only the sister-concern who is liable. 3 The rights, if any, and the understanding between the defendant and/or its sister-concern and the owners of the vessel, for whom the goods were allegedly ordered is another matter altogether, with which the plaintiff is not concerned. 4 In the circumstances, there is no defence to the suit. I, therefore, permitted the plaintiff to proceed on the basis of the denials rather than filing an affidavit-in-rejoinder. 5 The Summons for Judgment is therefore made absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at the rate of 12% per annum. Costs to be quantified as per rules. Refund of court fees, if any, as per rules.