Delhi District Court
M/S Scj Plastics Ltd vs M/S Dms Petrochemical Ltd on 15 October, 2014
IN THE COURT OF MS. POOJA TALWAR. SINGH: ACJ/CCJ/ARC
(SE), SAKET COURTS, NEW DELHI
CS No. 225/2014
Unique case ID No. 02406C0164142014
M/s SCJ Plastics Ltd.
F3/1011, Okhla Industrial Area,
PhaseI, New Delhi. ......... Plaintiff
Versus
M/s DMS Petrochemical Ltd.
EPP3, SIDCO Kartholi Bari Brahmana,
Jammu. ......... Defendant
Suit instituted on : 07.07.2014
Judgment pronounced on : 15.10.2014
JUDGMENT
1. This is a suit under order XXXVII of CPC, instituted by the Ar of the plaintiff company for recovery of Rs. 1,19,990/ along with pendente lite and future interest at the rate of 24% per annum along with costs of the suit from the defendant.
2. Brief narration of the facts is that the plaintiff company is a CS No. 225/2014 M/s SCJ Plastic Ltd. Vs. M/s DMS Petrochemical Pvt Ltd. Page 1 of 3 limited company duly incorporated under the Companies Act, 1956 and registered with the ROC (Delhi & Haryana). The defendant is a Pvt. Ltd. Company duly registered with ROC and is operating from the address as given hereinabove in the present suit. Vide invoice no. 2453 dated 13.10.2012, the defendant purchased from the plaintiff master batches(as detailed in the invoice of the plaintiff and test report whereof was duly attached with the invoice of the plaintiff) worth Rs.84,893/ on credit of 30 days, subject to insurance sales tax form "C" and Delhi Jurisdiction, the defendant had to make the payment to the plaintiff of the said goods purchased at the said registered office of the plaintiff at New Delhi. Purchase order from the defendant was received and accepted by the plaintiff from the defendant at its said office at New Delhi through transporter i.e. Amritsar Transport vide GR no. L793154 dated 13.10.2012. As per unopposed condition stated on the aforesaid invoice and also as per section 61(2) of the sale of goods Act, on delayed payment the defendant is still liable to pay to the plaintiff interest also @ 24% p.a. from the date of expiry of credit period of 30 days upto date of realization. Despite repeated demands of plaintiff and defendant's repeated assurances and promises, till date, the defendant failed to make any payment against the said purchase of goods by the defendant from the plaintiff. The plaintiff's legal notice dated 29.03.2014 did not eliecit any response from the defendant. CS No. 225/2014 M/s SCJ Plastic Ltd. Vs. M/s DMS Petrochemical Pvt Ltd. Page 2 of 3
3. Summons for appearance as prescribed under Order XXXVII CPC were ordered to be issued against the defendant. As per report of the process server, the defendant refused the accept the summons. The service of refusal deemed service in the eyes of law. The summons were served on 01.10.2014. Till date the defendant has not entered appearance. In terms of provisions of Order XXXVII Rule 2 (3) of CPC, as the defendant has not entered appearance, the allegations made in the plaint are deemed to be admitted by him and the plaintiff is entitled to a decree not exceeding the sum mentioned in the summons together with interest at rate specified up to the date of decree and the costs.
4. Accordingly, the suit is hereby decreed for a sum of Rs. 1,19,990/ in favour of the plaintiff and against the defendant along with pendente lite interest at the rate of 24% per annum. Cost of the suit is also awarded to the plaintiff. The suit stands disposed off accordingly. Decree sheet be prepared. File be consigned to Record Room.
Announced in the open court (Pooja Talwar)
th
Today on October 15 , 2014 ACJ/CCJ/ARC(SE)
Saket Court, New Delhi
CS No. 225/2014 M/s SCJ Plastic Ltd. Vs. M/s DMS Petrochemical Pvt Ltd. Page 3 of 3