Wockhardt Limited And Ors. vs Mr. Satish Ahuja And Anr.
2002 Latest Caselaw 1493 Del

JUDGMENT

S. Mukherjee, J.

1. This is a summary suit under Order 37 CPC. The defendants have been duly served but chose not to enter appearance.

2. In terms of Order 37 Rule 3 CPC, the plaintiffs are entitled to a decree of an amount up to the value of the amount claimed in the suit.

3. I am satisfied on a perusal of the plaint that the defendants availed supplies of medicines to the tune of Rs. 58,79,726.80 and issued cheques towards payment thereof which were dishonoured on presentation. I am also satisfied that plaintiffs are entitled to interest at 24% p.a. which is the rate mentioned on the invoices raised by the plaintiffs and on which defendant No. 1 has signed having acknowledged that he has received the goods and purchaser's copy of the invoices.

4. In view of the above, the suit is decreed in favor of the plaintiff and against the defendants with pendente lite and future interest at 18% p.a. as claimed (being a rate of interest less than 24% p.a. mentioned on the invoice).

5. The plaintiffs will also be entitled to its costs.

6. The suit is disposed of as decreed with costs.