1 sj-179-ss-1343-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 179 OF 2010 IN SUMMARY SUIT NO. 1343 OF 2008. M/s. Arihant Chemicals & Resins (I) Pvt. Ltd. ..Plaintiff. vs. M/s. Sarika Paints Ltd. ..Defendant. .... Mr. A.R. Bamne, i/b. M/s. A.R. Bamre & Co., for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2011. JUDGMENT : By this Summons for Judgment, the Plaintiff prays that the Judgment be entered in favour of the Plaintiff in the above Suit and against the Defendant for the sum of Rs.1,49,265/- as set out in the Plaint along with further interest at the rate of 24% per annum on the principal amount of Rs.1,49,265/-, from the date of filing of the Suit till payment and/or realisation. 2. According to the Plaintiff, pursuant to three purchase orders placed by the Defendant with the Plaintiff, the Plaintiff sold, supplied and delivered the goods namely, Ketonic Resin, Epoxy Resin, etc. for aggregate sum of Rs.1,49,265/- vide their various invoices/bills to the Defendant (particulars of which are set out in paragraph 2 of the Plaint). The amount of the said invoices was payable within 60 days from the date of the invoices. However, the Defendant failed and neglected to pay the said amounts even after the due dates despite several requests made by the Plaintiff. 2 sj-179-ss-1343-08 3. The Plaintiff therefore through his Advocate’s notice dated 15th January 2008 after setting out the aforesaid facts called upon the Defendant to make the payment of the said outstanding dues being a sum of Rs.1,49,265/- together with interest at the rate of 24% per annum within a period of seven days from the date of receipt of the said notice. The packet containing the said notice was returned back with postal remark “Unclaimed”. The Plaintiff therefore filed the above Suit and served the writ of summons on the Defendant. Thereafter, the Advocates for the Defendant filed their Vakalatnama and the Plaintiff took out the above Summons for Judgment and served the same on 18th May 2010 on the Advocate for the Defendant. However, the Defendant failed to file any reply to the Summons for Judgment. 4. On 14th January 2011, when the Summons for Judgment was taken up for hearing by this Court [Coram : A.S. Oka, J.], the Advocate for the Defendant was present. The order dated 14th January 2011 is reproduced hereunder :- “By way of indulgence, time is granted till 18th February 2011 to file reply. Rejoinder, if any, to be filed within a period of two weeks thereafter. Summons for Judgment shall be placed for hearing on 11th March 2011.” 5. Today, the Summons for Judgment is taken up for hearing, however none appear for the Defendant. The Defendant has not filed its Affidavit-in-Reply. 6. From the aforesaid facts, it is established that pursuant to the purchase orders placed by the Defendant on the Plaintiff, the 3 sj-179-ss-1343-08 Plaintiff has supplied goods to the Defendant under five invoices aggregating to Rs.1,49,265/- particulars of which are set out in paragraph 2 of the Plaint. The Defendant has failed to pay the said amount of Rs.1,49,265/- to the Plaintiff. The notice sent by the Advocate for the Plaintiff to the Defendant is received back with the endorsement “Unclaimed”. No reply is filed by the Defendant to the Summons for Judgment. I am therefore convinced that the Defendant has no defense qua the claim of the Plaintiff in the above Suit. An amount of Rs.1,49,265/- is therefore due and payable by the Defendant to the Plaintiff. The transaction between the parties is a commercial transaction. Therefore interest at the rate of 18% per annum on the principal amount from the date of filing of the Suit till payment and/or realisation would be reasonable. Hence, I pass the following order :- (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.1,49,265/- (One Lac Forty Nine Thousand Two Hundred Sixty Five Only) and simple interest thereon at the rate of 18% per annum from the date of the decree till payment or realisation. (ii) The Defendant shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 7. The Summons for Judgment is accordingly made absolute and the Suit stands disposed of. [ S.J. KATHAWALLA, J. ]