Delhi District Court
Scj Plastics Ltd vs M/S International Fibreglass Products ... on 12 August, 2015
IN THE COURT OF SHRI A.K. AGRAWAL CIVIL JUDGE01
( WEST), TIS HAZARI COURTS, DELHI..
C.S No. : 131/15
SCJ Plastics Ltd.
.................Plaintiff
vs.
M/s International Fibreglass Products Pvt. Ltd.
..............Defendant
Exparte Order U/o XXXVII Rule 2 (3) CPC
1.Briefly stated the facts of the present case are that plaintiff has filed this suit for recovery of Rs.17,465/ from the defendant. As per plaintiff, on 25.02.2012, the defendant had purchased master batches worth Rs.10,155/ from it on a credit of 60 days. However despite the lapse of 60 days on 25.04.2012, the due amount was not paid. Even legal notice was issued to defendant but to no avail. Hence the present suit was filed by the plaintiff for recovery of Rs. 17,465/ (including interest amount of Rs. 7,310/ calculated @ 24 % p.a.) alongwith cost of the suit.
2. Summons of summary suit U/o XXXVII CPC were served upon the defendant on 14.06.2015, but the appearance was not filed by it within the stipulated period. Now the matter is fixed for orders in terms of provisions U/o C.S No. 131/15 SCJ Plastics vs International Fibreglass Products Pvt. Ltd. 1/3 37 Rule 2 (3) CPC.
3. I have considered the material on record. As per provisions of Order 37 Rule 2 (3) CPC, if the defendant fails to enter his appearance within the stipulated period, from the date of service of summons, the contents of the plaint shall be deemed to be admitted by him and the plaintiff becomes entitled to decree forthwith.
4. In the instant case, there is default on the part of defendant in entering its appearance. In these circumstances, the contents of the plaint shall be deemed to be admitted. Even otherwise, the plaintiff's case stands proved as it has filed the original invoice dated 25.02.2012 on record, in support of its averments. Further the suit is within limitation, being filed on 25.04.2015 i.e. the last day of limitation considering the date when the invoice amount became payable i.e. 26.04.2012 (the period of credit of 60 days expired on 25.04.2012). Further as per the plaint, the order for supply of goods was received in Delhi, goods were dispatched from Delhi and the payment was to be made in Delhi. Lastly, the invoice also clearly mentions that the transaction was subject to Delhi Jurisdiction, hence this court has territorial jurisdiction. There is nothing on record to discard the case of plaintiff.
5. Hence in view of default on the part of defendant in entering its appearance as mandated by law U/o XXXVII CPC and also in view of C.S No. 131/15 SCJ Plastics vs International Fibreglass Products Pvt. Ltd. 2/3 document filed by the plaintiff, the suit of plaintiff stands decreed for an amount of Rs. 10,155/ (the amount due as per the invoice). The plaintiff has also claimed interest @ 24 % p.a. on the above amount. This rate of interest is also mentioned on the invoice and has to be deemed to be one of the terms of the contract agreed between the parties as per Sec 61 of the Sale of Goods Act. Accordingly, the plaintiff is awarded interest @ 24 % p.a. on the above amount w.e.f. 26.04.2012 till the date of its recovery. The plaintiff is also awarded the costs of the suit.
Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Announced in the open court ( A.K. Agrawal) today on 12.08.2015 Civil Judge 01 ( West)/Delhi C.S No. 131/15 SCJ Plastics vs International Fibreglass Products Pvt. Ltd. 3/3