Research › Search › Judgment

Delhi High Court · body

2001 DAILYLAW 839 (DEL)

HARMAN METALS v. OPAL ZIPPERS PRIVATE LIMITED

2001-03-07

J D Kapoor

body2001
J. D. KAPOOR ( 1 ) THIS is a suit under Order XXXVII Criminal Procedure Code for recovery of Rs. 14,38,859. 88 with future interest 18% per annum on the sum of Rs. 10,69,784. 30 from the date of institution of the suit till realisation. ( 2 ) THE plaintiff had sold, supplied and delivered the goods being zinc and aluminium alloys ingots to the defendant vide details of the bills and the amount thereof enumerated in para 1 of the plaint. The defendant had acknowledged the receipt of the goods vide the bills aforesaid by issuing two c forms bearing No. UPST/93 1191383 for the first six bills and no. UPST/93 1191384 for the bills mentioned at Sr. No. 7 to 9 in the para 1 of the plaint. The defendant had also acknowledged its liability in writing to the plaintiff by confirming the statement of account of the plaintiff dated 16/08/1996 under cover of letter of the same date of the plaintiff for the sum of Rs. 8,46,145. 90 p i. e. against the bills at sl. nos. 1 to 6. ( 3 ) THE defendant made the total payment of Rs. 2,15, 000. 00only by way of demand Draft vide details as mentioned in the para 4 of the plaint. Thus, a sum of rs. 10,69,787. 30 was due from the defendant towards principal amount and towards interest on the said amount from 12/02/1997 when the last payment was received by the plaintiff from the defendant till 31/12/1998 at the rate of 18% per annum in accordance with contract, statute and custom and practice and usage of trade. It comes out Rs. 3,69,075. 58 P. ( 4 ) THE plaintiff had also got issued a legal notice dated 28/09/1998 to the defendant by registered AD calling upon the defendant to pay the aforesaid amount. ( 5 ) THE summons of the suit in form No. 4 in Appendix B as prescribed under rule 2 (2) of Order XXXVII Criminal Procedure Code were served on the defendant alongwith a copy of the plaint and annexures thereto as the defendant refused to take the summons. ( 5 ) THE summons of the suit in form No. 4 in Appendix B as prescribed under rule 2 (2) of Order XXXVII Criminal Procedure Code were served on the defendant alongwith a copy of the plaint and annexures thereto as the defendant refused to take the summons. ( 6 ) AS per provision of Rule 3 under Order XXXVII Criminal Procedure Code, the defendant is required to enter an appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices on him within ten days of service of the summons prescribed under Rule 2. ( 7 ) AS per rule 2 (3) of Order XXXVII Criminal Procedure Code, the defendant cannot be allowed to defend the suit unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the Court from time to time by rules and such decree may be executed forthwith. ( 8 ) SINCE the defendant has not put in appearance within the prescribed ten days, the suit is hereby decreed for a sum of Rs. 14,38,859. 88 with future interest at the rate of 18% per annum till date and with costs of the suit to the plaintiff. ( 9 ) THE suit is decreed.