- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION jmi SUIT SUIT SUIT NO.1317 OF 2000 NO.1317 OF 2000 NO.1317 OF 2000. M/s.Universal Enterprises Ltd. ..Plaintiffs. vs. M/s.K.P. Electricals Pvt.Ltd. ..Defendants. .... Mr.H.V.Chande, for the Plaintiffs. None for the Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 3RD FEBRUARY,2009 : 3RD FEBRUARY,2009 : 3RD FEBRUARY,2009. P.C.: P.C.: P.C.: . This suit is listed under the caption "For Ex-parte Decree". The learned Advocate appearing for the plaintiff has tendered on record an affidavit of one Banwarilal Laxminarayan Bagaria, the constituted attorney of the plaintiffs. The said affidavit is taken on record and marked ‘X’ for identification. 2. The plaintiffs are a Company incorporated under the Companies Act, 1956. The plaintiffs are in the business of manufacturing and selling of corrugated boxes. The defendants are also a Company incorporated under the Companies Act, 1956. 3. The plaintiffs have filed this suit for recovery of a sum of Rs.1,68634.21 being an aggregate of - 2 - Rs.1,18,768.37 paise being the balance due and payable by the plaintiffs at the foot of account of the defendants as on 31st March 1998 in respect of the goods sold and supplied to the defendants by the plaintiffs and Rs.41,865.84 paise being the interest thereon @ 18% per annum from 1st April 1998 to 15th March 2000. The plaintiffs have also prayed for further interest @ 18% per annum on the said amount of Rs.1,18,768.37 paise from the date of filing of the suit till payment and all costs of the suit. 4. The plaintiffs have stated that they have supplied goods to the defendants under 7 invoices alongwith 7 delivery challans duly signed by the defendants in respect of the goods sold and supplied to them. The defendants have duly acknowledged the receipts of the goods and have put their stamp and signature of the representative of the defendants, who has received the said goods from time to time (Exh-P-2 of the documents). The plaintiffs have stated that apart from supplying goods under 7 invoices/ delivery challans, the plaintiffs were also maintaining the running account of the defendants for the goods supplied from time to time to the defendants under various other invoices/delivery challans. The defendants were from time to time making part payments which were adjusted against goods sold and - 3 - delivered under invoice/delivery challans. 5. It is the plaintiffs’ case that therefore an amount of Rs.1,18,768.37 paise remains due and payable by the defendants at the end of 1997-1998 as on 31st March 1998. The plaintiffs have produced the ledger accounts maintained by them of the defendants in the books of accounts of the plaintiffs for the year ended 31st March 1998 of the year 1997-1998, which shows at the foot of the said account a sum of Rs.1,18,768.37 paise remains due and payable by the defendants to the plaintiffs. 6. The plaintiffs have by their Advocate’s notice dated 27th September 1999 after recording the facts of the case called upon the defendants to pay a sum of Rs.1,18,768.37 to the plaintiffs with interest thereon @ 18% per annum within 7 days from the receipt of the said notice. The defendants failed to pay the said amount to the plaintiffs even after receiving the said notice. Instead the defendants by their Advocate’s letter dated 18th October 1999 have alleged that the goods supplied by the plaintiffs were damaged and therefore, rejected by the ultimate client of the defendants. The defendants have, therefore, denied and disputed the plaintiffs’ claim. The Advocates for the plaintiffs by - 4 - their letter dated 24th November 1999 have denied and disputed the stand taken by the Advocates for the defendants in their letter dated 18th October 1999. 7. I have perused the averments made in the plaint and the documents annexed to the affidavit of evidence . The documents at Exh-P-2 shows that the plaintiff had sold and supplied goods worth Rs.1,18,768.37 paise to the defendants under 7 invoices and 7 delivery challans and that the defendants have acknowledged receipts of the goods mentioned in the said invoices and challans. The documents at Exh-P-1 shows that the plaintiffs have maintained the ledger account of the defendants in the plaintiff’s books of accounts for the year 1996-97 and for the year 1997-98 in their normal course of business and that the amount of Rs.1,18,768.37 is due and payable to the plaintiffs at the foot of the account by the defendants. The documents at Exhibit P-3, P-4 & P-5 shows that the plaintiffs have recorded the fact that the defendants have failed and neglected to pay to the plaintiffs a sum of Rs.1,18,768.37 with interest thereon @ 18% per annum due and payable at the foot of the account maintained by the plaintiffs. Except for disputing the said claim, the defendants have not taken any steps in the matter including that of defending this suit. - 5 - 8. There is no contest by the defendants and what is stated in the affidavit of evidence has gone unchallenged. There is no reason why the case made out by the plaintiffs should not be accepted. As per prayer clause of the suit, the plaintiffs have sought an order and decree against the defendants to pay to the plaintiffs a sum of Rs. 1,60,634.21 paise with interest on Rs.1,18,768.37 paise @ 18 % per annum from the date of filing of the suit till payment and all costs of the suit. The prayer made by the plaintiffs deserves to be granted. 9. Hence, the suit is decreed in terms of the prayer clause in the plaint. 10. The suit therefore stands disposed of. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]