Ever Green Enterprises vs B.M. Auto India
1987 Latest Caselaw 530 Del

JUDGMENT

S.N. Sapra, J.

(1) Plaintiff M/s. Even Green Enterprises (Regd.) has filed the present suit for recovery ofRs. 1,04,025.93 p. against defendant. Defendant was duly served. Mr. Anand Banerjee appeared for defendant before Deputy Registrar on May 8, 87. It was directed that the written statement be filed within four weeks. No written statement has been filed inspite of last opportunity having been granted to the defendant, by Deputy -Registrar. This is a fit case where I should exercise power under Order 8, Rule 10 of C.P.C. and pronounce judgment as defendant has failed to file written statement within the time allowed by the court. It is deemed that the defendant has admitted the claim of the plaintiff.

(2) Plaintiff is a registered^ partnership firm and Shri Krishan Kumar Ahuja is one of the registered partners. The plaintiff is engaged in business of. all kinds of industrial oils and lubricants. Upon orders received from the defendant, plaintiff supplied to defendant industrial oils/lubricants. Plaintiff has been maintaining regular accounts of the dealings which plaintiff had with the defendant in their books of accounts Copy of statement of accounts from 2nd September 1982 till November 25, 83 has been filed as Annexure A. On August 2, 84 the defendant issued 'C' Forms for Central Sales Tax.

(3) The present suit is for recovery of the price of goods supplied by plaintiff to defendant. A principal amount claimed in suit is Rs. 70,246.12 and a sum of Rs.33,779.81 has been claimed on account of interest, calculated @ 15% per annum from November 25, 83 to September 16, 86. It is further alleged that plaintiff has been demanding this amount from defendant and even a legal notice dated January Ii, 84 was issued by plaintiff through their Advocate Mr. Vinod Tyagi. A second notice was issued on September 17, 86 through Mr. D.K. Syal Advocate. Today in court plaintiff has filed original bills under which goods were supplied by plaintiff to defendant. I am of the view that claim of plaintiff is justified. In any event, plaintiff is entitled to pronouncement of judgment as no written statement has been filed. Accordingly, I pass a decree for Rs. 1,04,025.93 p. in favor of plaintiff against defendant with costs. Plaintiff shall also be entitled to future interest at the rate of 12% per annum from the date of the suit till realization.