- 1 - 23.sj.217.09ss.300.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 217 OF 2009 IN SUMMARY SUIT NO. 300 OF 2009 Compuage Infocom Ltd. ..Plaintiff -Versus- Futech Solutions Ltd. ..Defendant .......... Mr.Manoj S. Mhambrey for the Plaintiff. None for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 22ND MARCH 2011. P.C. 1 By this Summons for Judgment, the plaintiff prays that judgment be entered in favour of the plaintiff in the above suit and against the defendant for the sum of Rs.54,78,575.07 as more particularly set out in the particulars of claim at Exhibit ‘N’ to the plaint with future interest at 24 percent per annum or such other rate as the Court deems fit and proper from the date of filing of the suit until payment and for costs. - 2 - 23.sj.217.09ss.300.09 2 According to the plaintiff, they have sold, supplied and delivered to the defendant Phlips monitors (the said goods) worth Rs.52,33,865.52 under invoices dated 21st December and 31st December 2005 (Exhibit ‘B’ and ‘C’ to the plaint) as per the terms and conditions contained in the invoices. On the said invoices the defendant has acknowledged receipt of the said goods. The defendant was to pay the amounts in discharge of its liability under the said invoices to the plaintiff within 30 days from the date of the receipt of the goods. The defendant also became liable to pay interest at the rate of 24 percent per annum to the plaintiff on the delayed payment. On the office copy of the letter dated 1st March 2006 addressed by the plaintiff to the defendant seeking confirmation of the outstanding payments the defendant has confirmed that it is liable to pay Rs. 51,51,609.52 to the plaintiff. However, on the confirmation letter, the defendant has written that the balance is subject to the deduction and pending credit and discounts as mutually agreed. According to the plaintiff the defendant is not entitled to any deductions and there was no such mutual agreement and the said endoresement of the defendant is false and dishonest. 3 On 30th March 2006, the director of the defendant sent an e-mail to the director of the plaintiff wherein after admitting that the defendant has failed in its previous commitments, the defendant requested the plaintiff to - 3 - 23.sj.217.09ss.300.09 wait for another ten days. In the said e-mail, the defendant further stated that new limits were being sanctioned to the defendant by its Bankers and to complete the process it will take one month. The defendant also expressed its apology and further assured the plaintiff to clear the dues in the first week of April 2006. 4 According to the plaintiff, the defendant towards part discharge of their liability, issued a cheque bearing No.619487 dated 22nd April 2006 drawn on Punjab National Bank, Alipur Cheltla, Kokatta for Rs.44,52,238 in the name of the plaintiff. The said cheuqe upon deposit was dishonoured and returned on the ground ‘’Exceeds arrangements”. The plaintiff therefore, through their advocate issued a demand notice dated 11th May 2006 to the defendant and called upon the defendant to pay the aforesaid sum of Rs.44,52,238/- to the plaintiff within 15 days from the receipt of the said notice. After receipt of the notice, the defendant through their advocates’ letter dated 15th June 2006, replied to the said notice. In the said reply, the defendant has wrongly denied and disputed their liability. 5 The plaintiff thereafter filed the present summary suit and served the writ of summons on the defendant. The advocate for the defendant filed their vakalatnama after which the plaintiff took out the above summons for judgment and served the same on the advocate for the defendant. The - 4 - 23.sj.217.09ss.300.09 advocate for the defendant thereafter obtained discharge. In view thereof, vide order dated 22nd March 2011 the plaintiff was asked to give notice to the defendant informing them that the summons for judgment is placed for hearing on 15th March 2011 and if they fail to appear before the Court on the adjourned date or on any other day when the summons for judgment is called out, the Court shall proceed with the hearing of the summons for judgment in absence of the defendant. Despite receiving notice, none appear for the defendant. No reply is filed by the defendant to the above summons for judgment. The plaintiff has filed all the documents in Court. 6 From the aforestated facts, it is clearly established that the plaintiff has sold and supplied goods to the defendant and an amount of Rs. 54,78,575.07 as per the particulars of claim set out in Exhibit ‘N’ to the plaint is due and payable to the plaintiff by the defendant. I am convinced that the defendant has no defence whatsoever to the claim raised by the plaintiff in the present suit. Hence, I pass the following order : (i) The defendant is ordered and decreed to pay to the plaintiff an amount of Rs.54,78,575.07 and interest thereon @ 18% from the date of filing of the suit till payment and/or realization. (ii) The defendant shall pay costs of this suit to the plaintiff. - 5 - 23.sj.217.09ss.300.09 (iii) Refund of court fees, if any, as per rules. (iv) The summons for judgment is accordingly made absolute and the summary suit also stands disposed of. [ S.J. KATHAWALLA, J. ] -