Premier Auto Electric Ltd. vs Shri Jitender Kumar Budhiraja
2000 Latest Caselaw 162 Del

ORDER

Vikramajit Sen, J.

1. This is a suit for recovery of Rs. 6,64,370/- together with pendente lite and future interest at the rate of 21 per cent per annum till realisa-

tion of the decretal amount and for award of costs. Summons/notices were issued from time to time and finally Mr. T. Parasher, Advocate appeared on behalf of the Defendant on 9.7.1999. Written Statement was ordered to be filed within six weeks. As this was not done on the following date i.e. 4.10.1999 costs of Rs. 500/- was imposed on the Defendant and he was granted six weeks further time to file Written Statement. This opportunity has also not been availed of. Order VIII Rule 10 prescribes that where a party from whom a Written Statement is required fails to present the same within the time permitted by the Court, the Court shall pronounce judgment against him and a decree would be drawn up consequently. However, I have perused the contents of the plaint in order to satisfy myself of the veracity of the averments contained therein, and the correctness of the suit.

2. In the plaint it has been averred that the plaintiff is dealing in sale and marketing of automobile parts of various cars and in the course of this business had, between the period 6.3.1996 to 30.5.1996, supplied various automobile parts worth Rs. 5,80,252/- to the Defendant on various dates against various invoices. Against these transactions some cheques were issued but were dishonoured on presentation, except for one cheque for a sum of Rs. 25,538/-. After getting this amount the balance due and payable by the Defendant to the Plaintiff was Rs. 4,54,714/-. Since payments were not made a legal notice dated 12.5.1997 for clearance of the said sum of money was served on the Defendant. Some transactions took place even after the issuance of this legal notice for a sum of Rs. 6106/- and when the cheque for payment was presented for this last transaction this was also dishonoured. The plaintiff has filed a Statement of Accounts showing that a sum of Rs. 4,60,820/- is outstanding and due from the Defendant. After adding a sum of Rs. 2,03,550/- being interest at the rate of 21 per cent per annum the amount claimed in the suit has been computed. Along with the plaint, numerous documents have been filed being copies of the nvoices in respect of goods supplied to the Defendant. The notices dated 12.5.1997, 21.11.1997 and 10.6.1998 along with the postal receipt have been filed and have been perused. I am satisfied that the claim of the Plaintiff in the suit is well founded and that it is entitled to the decree as prayed. The suit is accordingly decreed together with pendente lite and future interest at the 21 per cent per annum. The Plaintiff shall be entitled to all the costs incurred.

3. The decree sheet be drawn up accordingly.