1 944-243-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srj SUMMONS FOR JUDGMENT NO.243 OF 2009 IN SUMMARY SUIT NO.485 OF 2006 Raj Petroleum Products Limited .. Plaintiff V/s. A. M. Roy .. Defendant. Mr. Firdos Puniwalla with Mr.C.D.Patel i/b. M/s. A.S.Dayal & Associates, for Plaintiff None for the Defendant. CORAM : A.A.SAYED,J. DATE : 9th MARCH,2011 P.C.:- 1 The Plaintiff has filed the present suit as a Summary Suit and has sought an Order and Decree ordering and directing the Defendant to pay to the Plaintiff a sum of Rs.18,66,420/- together with interest thereon at the rate of 12% and 24% per annum from the date of the respective Invoices till the date of the filing of the suit, as more particularly set out in the Particulars of Claim (Exh. L), with further interest from the date of the suit till payment and/or realization and costs of the suit. 2 944-243-09.sxw 2 The Defendant had entered appearance in the present suit through his Advocates. Therefore, the Plaintiff filed the present Summons for Judgment, seeking a judgment in its favour. 3 When the matter reached for hearing on 22nd February, 2011, the Advocates for the Defendant pointed out that, despite writing several letters to the Defendant, he had not given instructions to them for the purpose of making an Affidavit in Reply to the Summons for Judgment. In these circumstances, the Advocates for the Defendant requested to be discharged. Pursuant to the said request made by them, by an order dated 22nd February, 2011 passed by this Court, the Advocates for the Defendant were discharged. 4 Perused the Plaint, the Affidavit of Shashikant Upadhyay dated 25th June, 2009 in support of the Summons for Judgment and the compilation of documents filed by the Plaintiff. 5 It is the case of the Plaintiff that from June 1999 to February 2003, pursuant to orders placed by the Defendant, the Plaintiff had sold, supplied and delivered to the Defendant diverse quantities of petroleum products, which were accepted by the Defendant. The Plaintiff had raised invoices and a Debit Note on the Defendant in respect of the said petroleum products sold and delivered 3 944-243-09.sxw by the Plaintiff to the Defendant. The details of the said Invoices and the said Debit Note are set out in a Statement which is annexed as Exhibit A to the Plaint and in the particulars of claim which are annexed as Exhibit L to the plaint. The Plaintiff has also produced the said Invoices and the said Debit Note. It is the Plaintiff s case that, although some payments were made by the Defendant, a principal sum of Rs.18,66,420/- is due and payable by the Defendant to the Plaintiff, as per the Particulars of Claim. It is also the case of the plaintiff that, despite agreeing to make payments by his letter dated 11th December, 2002 (Ex. B to the Plaint) and at the Meeting held on 20th December, 2003 (Minutes of which are annexed as Exh. F to the Plaint), the Defendant failed and neglected to do so. The Plaintiff has also produced the Defendant s Ledgers to demonstrate that the Defendant has admitted that he is liable to make payments in respect of the said invoices. It is also the case of the Plaintiff that payments in respect of the two invoices are to be made to Suryodaya Blending Private Limited, to which one of the units of the Plaintiff was demerged and transferred by virtue of an Order dated 13th December 2002 passed by this Court. The Plaintiff has stated that, by a Deed of Assignment dated 2nd December 2005, Suryodaya Blending Private Limited has assigned the said debts due from the Defendant to the Plaintiff. The Plaintiff has 4 944-243-09.sxw produced the said Order and the said Deed of Assignment. 6 The Defendant has not filed any Affidavit seeking leave to defend. Therefore, the Plaintiff is entitled to judgment forthwith. Even otherwise, as can be seen from the said letter dated 11th December 2002 of the Defendant, the said Minutes of the Meeting held on 20th December 2003 (which have been signed by the Defendant) and the said Ledgers of the Defendant, he has admitted his liability to make payments in respect of the said invoices raised by the Plaintiff. Further, the correspondence annexed to the Plaint shows that, despite the Plaintiff and its Advocates addressing several letters to the Defendant calling upon the Defendant to make payments in respect of the said invoices, the Defendant has not disputed his liability. This again shows that the Defendant is not disputing his liability to make the said payments under the said invoices. All the aforesaid facts and circumstances demonstrate that the Defendant has no defence to the claim made by the Plaintiff in the present suit. 7 In these circumstances and in light of the reasons given above, there shall be a decree in favour of the Plaintiff ordering and directing the Defendant to pay to the Plaintiff a sum of Rs.31,31,808/- being the aggregate of the principal sum of Rs.18,66,240/- and a sum of Rs.12,65,388/- being the interest thereon @ 24% p.a. 5 944-243-09.sxw till the date of filing of the present suit and also further interest at the rate of 12% p.a. on the said sum of Rs.18,66,420/- from the date of filing of the suit till payment/realization. 8 Refund of court fees, as per rules. (A.A.SAYED,J.)