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Showing contexts for: SCJ PLASTICS in M/S. Scj Plastics Ltd. vs . M/S. Vimal Plast (I) Pvt. Ltd. on 11 September, 2012Matching Fragments
(on Suit for Recovery of Rs. 8,09,950/ under order XXXVII CPC)
1. Plaintiff M/s. SCJ Plastics Ltd. is a company incorporated under the Companies Act, registered with the Registrar of Companies (Delhi & Haryana). The defendant M/s. Vimal Plast (I) Pvt. Ltd., is also a company incorporated, registered with the Registrar of Companies, Delhi. Both the plaintiff and the defendant have registered office in Delhi. Shri Deepak Kumar, Marketing Executive of the plaintiff has been authorized, by Resolution dated 30.12.2011, to sign and verify the plaint and to institute the suit on behalf of plaintiff.
2. The plaintiff deals in master batches and compounds. The defendant is a customer / client of plaintiff. The plaintiff maintains books of account and there is an open running account of defendant with the plaintiff. As per books of account, the defendant was to pay balance amount of Rs. 16,74,863.47p as on 01.10.2007. From 05.10.2007 to 05.11.2009, the defendant purchased master batches worth of Rs. 18,74,297/ per invoices (enumerated in paragraph 5 of the plaint) from the plaintiff on credit of 60 days and subject to issuance of sale tax Form C and Delhi jurisdiction. The M/s. SCJ Plastics Ltd. vs. M/s. Vimal Plast (I) Pvt. Ltd. defendant always received and accepted the goods on FIFO basis. The defendant had issued a credit note number 73/0809 dated 28.03.2009 for Rs. 16,561/. As on 01.04.2008, 01.04.2009 and 01.04.2010, as per books of account maintained, there is debit balance of Rs. 11,06,437/, Rs. 9,90,340/ and Rs. 7,01,591/ in the account of defendant, which is still due and recoverable from the defendant. The payments tendered by the defendant from time to time were reflected in the books of account and last part payment was made on 30.05.2010 by cheque No. 804293 and there is outstanding balance amount of Rs. 5,13,125/. As per Section 61(2) of the Sale of Goods Act, the plaintiff is entitled for interest @ 24% per annum on the delayed payments. The outstanding amount has accumulated to Rs. 8,09,950/ (i.e. Rs. 5,13,125/ + interest i.e. Rs. 2,96,825/). Hence, the suit under order XXXVII CPC duly supported by Resolution dated 30.12.2011, invoices and photocopies of Form C, statement of account and today, original copies of invoices and Form C have been placed on record.
3. The summons on the prescribed form were sent to the defendant as per provisions of Rule 2 of Order XXXVII CPC by registered cover and by ordinary way. The ordinary summons and registered cover sent at Delhi address were served on 28.05.2012 and the summons sent at M/s. SCJ Plastics Ltd. vs. M/s. Vimal Plast (I) Pvt. Ltd. other address were not received back. The service at Delhi address was sufficient service on the defendant, which was recorded in the proceedings dated 10.07.2012.
6. FINDINGS The record is assessed. The plaintiff filed suit for recovery of balance amount based on invoices and statement of account. The statement of account reflects the entries with regard to the goods supplied M/s. SCJ Plastics Ltd. vs. M/s. Vimal Plast (I) Pvt. Ltd. visavis the payment received by the plaintiff.
As per Rule 2(3) of Order XXXVII CPC, in case the defendant does not file appearance within the stipulated period of 10 days from the date of service, the allegations in the plaint shall be deemed to be admitted by the defendant and plaintiff shall be entitled for judgment. The defendant has failed to file appearance, despite service of summons on prescribed form under Rule 2 of Order XXXVII CPC. Therefore, the plaintiff is entitled for judgment for the sum mentioned in the prescribed summons i.e. Rs. 8,09,950/.