1 51.sj-398-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 398 OF 2009 IN SUMMARY SUIT NO. 815 OF 2003. Madhusudan Mimani. ..Plaintiff. vs. M/s Emblem Asia Pvt. Ltd. ..Defendants. .... Ms. Savina Bangera, i/b. A.R. Mishra, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH OCTOBER 2011. P.C. : In line 1 of the order dated 21st September 2011, the word “Defendants” be read as “Plaintiff”. 2. 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 Defendants as set out in the Plaint and for interest and costs. 3. The Plaintiff is carrying on proprietary business in the name and style of M/s. Sikom. The Defendant Company approached the Plaintiff and placed the order vide their purchase orders dated 8th February 2000 bearing No. EMB/99-2000/B for 1000 Mtrs of TAFFETA BLACK EMBLEM PRINTED and again by their another purchase order dated 6th March 2000 bearing No. EMB/99-2000/PO have ordered for 1000 Mtrs of TAFETA BLACK. According to the Plaintiff, he sold, supplied and delivered the material ordered by the 2 51.sj-398-09 Defendants vide their challan nos. 284 dated 30th March 2000, 285 dated 30th March 2000, 24 dated 5th May 2000 and 25 dated 5th May 2000 aggregating to Rs. 1,03,450/-. According to the Plaintiff, as per the terms and conditions of the said sale and as recorded in the said invoices, the Defendants were requested to pay the said bill amount immediately, failing which the Defendants were required to pay interest on the said amounts for such delay at the rate 24% per annum. According to the Plaintiff, the Defendants failed to make said payment of Rs. 1,03,450/-. The Plaintiff sent 14 reminders to the Defendants. However, the Defendants failed and neglected to make any payments to the Plaintiff. The Plaintiff thereafter also filed criminal complaint against the Defendants in the Court of Metropolitan Magistrate, 43rd Court at Borivali, Mumbai. The Plaintiff by his Advocate’s notice dated 29th July 2002 called upon the Defendants to pay the said outstanding amount to the Plaintiff. However, the said notice was returned back to the Plaintiff by the postal authorities with the remark “Refused to accept”. The Plaintiff has therefore filed the above Summary Suit seeking an amount of Rs. 1,71,749/- and interest at the rate of 24% per annum on the principal amount of Rs. 1,03,450/- from the date of filing of the Suit till payment and/or realisation, as per the particulars of Claim (Exhibit-M to the Plaint). The original documents are filed by the Plaintiff before the Metropolitan Magistrate, 43rd Court, Borivali, Mumbai. The Plaintiff has filed certified copies of the same before this Court. 4. From the aforesaid facts and documents tendered by the Plaintiff, it is established that the Plaintiff had sold, supplied and delivered material to the Defendants as per the orders placed by the Plaintiff dated 8th February 2000, 6th March 2000. The Defendants 3 51.sj-398-09 though having received the material of the aggregate value of Rs. 1,03,450/- as set out in the invoices have failed and neglected to make any payment to the Plaintiff. The Defendants have failed and neglected to respond to the reminder letters of the Plaintiff and have also refused to accept the Advocate’s notice dated 29th July 2002 calling upon them to pay the amounts due to the Defendants with interest. After filing of the Suit and service of the Writ of Summons, the Defendants have filed appearance through their Advocates. In view thereof, the Plaintiff took out the present Summons for Judgment and served the same on the Advocate for the Defendants. However, no reply is filed on behalf of the Defendants and none appear for the Defendants. 5. In view thereof, it is established beyond any doubt that the Defendants have no defence of whatsoever nature to the claim of the Plaintiff in the present Suit. All the facts stated by the Plaintiff in the Plaint have gone uncontroverted and there is no reason why what the Plaintiff has stated in the Plaint should not be accepted. 6. In view thereof, the Summons for Judgment is allowed and the Defendants are ordered and decreed to pay a sum of Rs. 1,71,749/- with interest thereon at the modified rate of 18% per annum from the date of filing of the Suit until payment and/or realisation. The Summons for Judgment as well as the Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]