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Delhi District Court

Ms. Raj Industries vs . Ms. Turbo Jet Engines(Hyd) Pvt. Ltd. on 21 December, 2018

IN THE COURT OF SH. RAJINDER KUMAR, JSCC-CUM-
    ASCJ-CUM-GUARDIAN JUDGE(WEST): DELHI


Suit No. 1575/17


Ms. Raj Industries
Through its proprietor Shri Rajan
BE 61, Gali No. 2, Hari Nagar, New Delhi-110064

                                                                .......Plaintif


                                    versus


Ms. Turbo Jet Engies (Hyd) Pvt. Ltd.
A Company incorporated Under the Companies Act
Through its Director
Registered office at
Wall Street Plaza Building, 4th Floor
Above ICICI Bank Beside Begumpet Airport
Hyderabad-500016.

And Also At:
III Floor, Plot No. 22, Gagan Vihar Colony,
Begumpet, Hyderabad-500016.
                                                              ..... Defendant



Date of filing of the suit                :      22.11.2017
Date of reserving order                   :      24.03.2018
Date of pronouncement                     :      21.12.2018




Ms. Raj Industries Vs. Ms. Turbo Jet Engines(Hyd) Pvt. Ltd.
Suit No. 1575/17                                                   Page no. 1/3
                                  ORDER

1. This is a suit under Order 37 of Code of Civil Procedure filed by the plaintif against the defendant for recovery of Rs. 2,37,779/-.

2. The brief facts of the case as per the plaintif are that the plaintif is a proprietorship concern of Sh. Rajan and engaged in the business of making all types of press tools, plastic moulds, surface grinding, milling and lathe job works etc. That the defendant is a company registered under the Indian Companies Act. That the defendant has approached the plaintif for purchasing certain goods while purchase order dated 10.12.2015. That in pursuance of the finalized purchase order, the defendant has made the advance payment of Rs. 5 lacs out of the total amount of Rs.10.40 lacs. That as per the instructions of the defendant, the machines were checked and even, officer of the defendant has inspected the machines physically on 13.06.2016. That the defendant has paid the further payment of Rs.3.50 lacs to the plaintif. That still a sum of Rs.1.90 lacs was still due towards the defendant. That the defendant has also failed to make payment despite service/legal notice dated 22.09.2017. That accordingly, the plaintif has filed the present suit under Order 37 CPC.

Ms. Raj Industries Vs. Ms. Turbo Jet Engines(Hyd) Pvt. Ltd.

3. The suit was registered on 22.11.2017 and thereafter, summons for appearance were issued to the defendant but he did not put his appearance despite service which has taken place on 11.12.2017 at the first address of the defendant.

4. This is a suit under Order 37 CPC. The defendant was duly served on 11.12.2017 and did not prefer to file appearance within the stipulated period. Hence, plaintif is entitled for a decree against defendant as per provisions of Order 37 Rule 2(3) CPC.

5. Accordingly, a decree for recovery of Rs. 1.90 lacs is passed in favour of the plaintif and against the defendant together with interest @ 10% per annum from the date of filing of the suit till its realisation along with the costs of the suit.

Decree sheet be drawn accordingly.

Announced in the open Court today the 21st December, 2018 RAJINDER KUMAR Digitally signed by RAJINDER KUMAR Date: 2018.12.22 15:26:22 +0530 Ms. Raj Industries Vs. Ms. Turbo Jet Engines(Hyd) Pvt. Ltd.