1 sj-374-ss-1915-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 374 OF 2009 IN SUMMARY SUIT NO. 1915 OF 2009. M/s. Chetan Ayurved Company. ..Plaintiff. vs. M/s. J.M.D. Products. ..Defendant. .... Mr. N.S. Barot, for Plaintiff. Mr. Haresh Mansukhbhai, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 24TH FEBRUARY 2011. P.C. By this Summons for Judgment, the Plaintiff has prayed that the Judgment be entered for the claim in the Suit against the Defendants for Rs.3,37,849/- as set out in the Plaint and for interest on the sum of Rs.1,59,633/- @ 21% per annum or at such rate as this Court may award from the date of filing of this Suit till payment or realisation and the cost of the Suit as stated in the Plaint. 2. The facts in the present Suit are as under. 3. The Plaintiff is a proprietory concern, being a dealer and stockist of Ayurvedic raw materials, having his office at 33/101, Daryasthan Street, First Floor, Masjid Bunder Road, Mumbai-400 003. The Defendant is a proprietory concern inter alia carrying on business of Mahima Tea, Betal, Sweet Supari, Spices, etc. at Kanpur in Uttar Pradesh. 2 sj-374-ss-1915-09 4. Pursuant to the purchase order placed with the Plaintiff by the Defendant, the Plaintiff sold, supplied and delivered goods i.e. Clove (Lavang) to the Defendant for a total sum of Rs.11,62,849/- under invoice No.4416 dated 24th May 2006. The said invoice is annexed as Exhibit ‘A’ to the Plaint. The Defendant has accepted the said goods and delivery thereof by signing Form-C which is annexed and marked as Exhibit ‘B’ to the Plaint. The transport receipt dated 24/25th May 2006 is annexed and marked as Exhibit ‘C’ to the Plaint. 5. The Defendant thereafter made part payments of Rs. 5,00,000/- on 4th July 2006, Rs. 2,75,000/- on 14th July 2006 and Rs. 50,000/- on 14th February 2007, to the Plaintiff leaving a balance of Rs.3,37,849/-. Despite repeated requests, the Defendant failed to pay the said balance amount with interest to the Plaintiff. The Plaintiff therefore through his Advocate’s letters dated 13th April 2009 and 15th April 2009 called upon the Defendant to pay the balance amount of Rs.3,37,849/- along with 21% interest thereon. The said letters are annexed and marked as Exhibits ‘D’ and ‘E’ to the Plaint. To this, the Defendant gave an evasive reply to the Plaintiff alleging that he has received a blank paper in an envelope from the Plaintiff. The said original letter received by the Plaintiff from the Defendant is produced before this Court along with the official translation thereof. By a letter dated 5th May 2009, the Defendant was informed by the Advocate for the Plaintiff that what was forwarded to the Defendant were demand notices dated 13th April 2009 and 15th April 2009 and the same were once again sent to the Defendant. The Plaintiff received the packet containing the said letter dated 5th May 2009 with the remark “Not claimed”. 6. The Plaintiff thereafter filed the Suit and served the writ 3 sj-374-ss-1915-09 of summons on the Defendant. The Defendant through his Advocates filed appearance before this Court. However, no reply has been filed to the Summons for Judgment. The learned Advocate for the Defendant states that despite repeated requests made by him to the Defendant, he has not received any instructions from the Defendant. He has also placed his letter dated 22nd March 2010 along with courier receipt showing that he has sought instructions, but the Defendant has not responded to the same. The said letter dated 22nd March 2010 is taken on record and marked ‘X’ for identification. The learned Advocate for the Defendant has further submitted that even after the written request made by him, he has on several occasions requested the Defendant on telephone to give him instructions in the matter but the Defendant has failed to do so. 7. From the aforesaid facts and documents including Form- C signed by the Proprietor of the Defendant (Exhibit-B to the Plaint), it is established beyond any doubt that the Plaintiffs have supplied goods, i.e. ‘Clove/Lavang’ to the Defendant for which a sum of Rs. 11,62,849/- was payable by the Defendant to the Plaintiff. The Defendant has made certain part payments and has failed to pay the balance amount of Rs.3,37,849/- along with interest @ 21% as mentioned in the original invoice. The Plaintiff has after accepting the legal notice wrongly alleged that only a blank paper was sent to him by the Advocate for the Plaintiff. The letters/notices were once again forwarded to the Defendant which were returned with the remark “Not Claimed”. The conduct of the Defendant appears to be totally dishonest. 8. Under the circumstances, I am satisfied that the Defendant has no defense of whatsoever nature qua the claim of the 4 sj-374-ss-1915-09 Plaintiff in the Suit. The Defendant after engaging an Advocate has not come forward to answer the Summons for Judgment. The Advocate for the Defendant has expressed his inability to assist the Court for want of instructions from the Defendant despite several requests made by the Advocate. The Summons for Judgment is therefore made absolute in terms of prayer made in the Summons for Judgment. In view thereof, the Summary Suit also stands disposed of. Refund of Court fees, if any, as per Rules. Certified copy of this order is expedited. [ S.J. KATHAWALLA, J. ]