Delhi District Court
Memo Of Parties vs M/S. Srodeep Polymers Ltd on 30 March, 2011
IN THE COURT OF SHRI VIKRAM CIVIL JUDGE OF (NORTH)
DISTRICT, AT TIS HAZARI COURTDELHI
Suit No.1097/06
Unique ID No.02401C0402982006
MEMO OF PARTIES:
M/s SCJ Plastic Limited
F3/1011, Okhla Industrial Area,
PhaseI,
New Delhi110020
...........Plaintiff
VERSUS
M/s. Srodeep Polymers Ltd.
B2/11, Site B,
Suraj Industrial Area,
Greater Noida (U.P.)
Office at
N4, Kalka Ji
New Delhi110019
..........Defendant
Date of Institution:09.05.2006
Date of Judgment:30.03.2011
Suit For Recovery of Rs.95,130/
Judgment
This is a suit for recovery of Rs.95,130/( Rupees Ninety Five
thousand One Hundred Thirty only) filed by the plaintiff against the
defendant.
The brief facts of the present case as per the plaintiff are that plaintiff
is a limited company duly incorporated under the Companies Act, 1956 and
1 Suit No.1097/06
Sh. Virender Sharma, Account Assistant of the plaintiff company is duly
authorized to sign, verify, institute and pursue the present suit on behalf of
the plaintiff. As pert the plaintiff, against the order of the defendant at the
office of the plaintiff from 15.02.2003 to 31.07.2003 vide different bills, the
defendant purchased from the plaintiff master batches worth Rs. 1,80,629/.
on credit upto 30 days. The said material was supplied by the plaintiff to the
defendant and defendant acknowledged the receipt of the said material. The
payment was to be made by the defendant to the plaintiff. Defendants had
made some part payment out of total sum of Rs. 1,81,027/ and Rs. 46,428/
is still outstanding towards the defendant, which the defendant failed to pay
to the plaintiff despite repeated demands by the plaintiff. As per plaintiff
defendant is liable to pay agreed interest @ 24% per annum on the
outstanding amount of Rs. 46,428/. A sum of Rs. 16,720/ is also due from
the defendant on account of additional sales tax and penalty. Thus, as on
the date of filing of the suit the defendant is liable to pay a sum of Rs.
95,130/ ( 46,428/ as principal + 31,982/ as interest + Rs. 16,720/ as
additional sales tax and penalty).
Plaintiff sent legal notice dated 11.06.2005 to the defendant which
was duly replied by the defendant on 13.07.2005. The reply was duly replied
by the plaintiff. But till date, the plaintiff has neither received any payment
nor any reply to the said reply dated 05.08.2002, hence filed the present suit
for the recovery of the outstanding amount.
Defendant was served and filed his leave to defend application on
05.10.2006. Thereafter the matter was fixed for arguments on leave to 2 Suit No.1097/06 defend application, but no one appeared for more than 4 years to agrue on the application. Hence, same was dismissed for the reason of non appearance of the defendant.
Since the suit has been filed under provisions of order XXXVII of Civil Procedure Code, and leave to defend application filed by the defendant is dismissed for his non appearance, the suit is decreed for a sum of Rs.95,130/ along with interest @10% per annum. Cost of the suit is also awarded in favour of the plaintiff.
Announced in the open Court VIKRAM
On 30.03.2011 CJ02 (North)/Delhi
30.03.2011
3 Suit No.1097/06
30.03.2011 Suit No.1097/06
Present: None.
Vide separate judgment suit is decreed in favour of the plaintiff. Decree sheet be prepared accordingly. File be consigned to record room.
VIKRAM CJ02 (North)/Delhi 30.03.2011 4 Suit No.1097/06 5 Suit No.1097/06