Delhi District Court
M/S Scj Plastics vs M/S Aqua Polymers Pvt. Ltd on 19 September, 2011
IN THE COURT OF MS. NEHA, CIVIL JUDGE03(SOUTH),
SAKET COURT COMPLEX, NEW DELHI
Suit no. 474/10
Unique ID no. 02406C0473402010
IN THE MATTER OF:
M/s SCJ Plastics
F3/1011 Okhla Ind. Area,
PhaseI, New Delhi110020. ......Plaintiff
Versus
M/s Aqua Polymers Pvt. Ltd.
D11 Focal Point,
Dear Basi (Punjab). ......Defendant
Counsels: Sh. Pankaj Chaudhary, Ld. Counsel for plaintiff .
DATE OF INSTITUTION : 16.03.2010
DATE OF RESERVING THE ORDER : 15.09.2011
DATE OF DECISION : 19.09.2011
ORDER
The plaintiff has filed the present suit under Order 1 XXXVII CPC for recovery of amount of Rs. 24,800/ alongwith interest and cost of the suit.
The fact as per the plaint are that the plaintiff is a limited company duly incorporated under the Companies Act, 1956 and registered with Registrar of Companies Delhi and Haryana. The present suit has been signed, verify and instituted by Sh. Deepak Kumar, Marketing Executive of the plaintiff company and he has been duly authorized by a board of resolution dated 03.03.2010 to do so.
The defendant is duly registered Pvt. Ltd. Company. Against the order of the defendant vide invoice no.5805 dated 15.03.2007 the plaintiff company has supplied to the defendant company master batches worth Rs. 14,400/. The defendant company has failed to make the payment of the said invoices dated despite repeated requests by the plaintiff company. The plaintiff issued legal notice dated 08.04.2009 by register AD but no payment has been made by the defendant till date. Hence the plaintiff has filed the present suit for recovery with interest @24% per annum and cost of the suit.
Summons issued to the defendant in the prescribed form under Order XXXVII CPC was received back duly served. The 2 defendant was served on 02.06.2011. No appearance has been entered by the defendant within stipulated time.
Order XXXVII Rule 2 (3), Civil Procedure Code, reads as under : "The defendant shall not defend the suit referred to in sub rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum of costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith."
In the present suit the defendant has not entered appearance within the stipulated period. The plaintiff has placed on record copy of certificate of incorporation, original board of resolution, invoice dated 15.03.2007, ledger account of the defendant maintained by the plaintiff, copy of the legal notice dated 08.04.2009.
In view of the provisions of Order XXXVII Rule 2 (3), Civil Procedure Code, in default of entering of appearance by the defendants, the allegations of the plaintiff is deemed to be admitted by 3 the defendants and the plaintiff is entitled to decree. Therefore, the plaintiff is entitled to a decree for sum of Rs. 24,800/ . The plaintiff has claimed interest at the rate of 24% per annum. Section 34 of CPC provides for interest pendent lite and future interest to be awarded by the court. The interest claimed by the plaintiff is exorbitant and not reasonable and the plaintiff is entitled to a reasonable rate of interest. Accordingly the suit of the plaintiff is decreed for sum of Rs. 24800/ with interest at the rate of 10 % per annum from the date of filing of the suit upto the date of decree.
Plaintiff is also entitled to cost of the suit. Decree sheet be prepared accordingly. File be consigned to record room.
Announced in the open court
today .i.e. 19.09.2011 (NEHA)
Civil Judge03(South)
New Delhi.
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