Bombay High Court
M/S Jainam Dia Gems vs M/S Aadishwar Diamonds Pvt Ltd on 27 February, 2017
Bench: S.J. Kathawalla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO. 631 OF 2015
M/s. Jainam Dia Gems, Sole Proprietor - Sumit )
Surendra Kavadia carrying on business at 10-C )
Trikam House, Opp. Aaryan High School, JSS Road )
Opera House, Mumbai - 400 004 ) ... Plaintiff
Versus
M/s. Aadishwar Diamonds Private Limited )
a Company incorporated under the Companies Act, )
1956 and having its registered office at 422, )
Pancharatana, Opera House, Mumbai - 400004 )
And )
Office No. 8, 1st Floor, Rawal Building, Lamington )
Road, Opera House, Mumbai - 400 004 ) ... Defendant
Mr. S.P. Kanuga for the Plaintiff.
None for the Defendant.
CORAM : S.J. KATHAWALLA, J.
DATED : 27TH FEBRUARY, 2017
JUDGMENT :
1. The Plaintiff in the above Summary Suit has sought a Decree against the
Defendant for a sum of Rs. 1,46,30,000/- with further interest at the rate of 18% per
annum on Rs.1,10,00,000/- from the date of filing of the Suit till payment and / or
realization and for costs of the Suit.
2. The Plaintiff has served the Writ of Summons on the Defendant. Affidavit
proving service dated 26th October, 2016 is on record. However, despite the said
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service, the Defendant has failed to appear either through its Authorized
Representative and / or Advocate/s before this Court. The Suit is therefore placed
before the Court for passing of an ex-parte Decree.
3. The Plaintiff has filed the above Suit as a Summary Suit under the
provisions of Order XXXVII of the Code of Civil Procedure, 1908, against the
Defendant for recovery of a liquidated sum of money being due and payable by the
Defendant to the Plaintiff in respect of a written contract more particularly set out in
purchase order dated 25th May, 2013 (Exhibit-A to the Plaint) and more particularly
set out in paragraph 8 of the Plaint. Despite receipt of the agreed consideration as set
out in the Plaint, the Defendant failed and neglected to return diamonds as agreed in
the written contract and also failed to refund the amount received from the Plaintiff.
4. The Plaintiff has filed the original documents, which are taken on record.
In view of Sub-Rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure,
1908, the Plaintiff is forthwith entitled to a Decree against the Defendant ex-parte.
Hence, the following order :
i. The Defendant is ordered and decreed to pay to the Plaintiff a sum of
Rs.1,46,30,000/- alongwith further interest at the rate of 18% per annum on Rs.
1,10,00,000/-, from the date of filing of the Suit till payment and / or realization.
ii. The Defendant shall pay to the Plaintiff the costs of the Suit.
iii. A copy of this Judgment shall be served on the Defendant by Registered
Post AD at the address shown in the Plaint by the Advocate for the Plaintiff.
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iv. The Summary Suit is accordingly disposed off.
v. Refund of Court fees, if any, as per Rules.
vi. The drawing of the Decree is expedited.
vii. The office shall return the original documents to the Advocate for the
Plaintiff upon the Advocate for the Plaintiff handing over Photostat copies of the said
documents duly certified by them as true copies.
( S.J.KATHAWALLA, J. )
