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2012 Supreme(Bom) 1853

S.J.KATHAWALLA
Dongreen Resins & Chemicals Private Limited – Appellant
Versus
Balaji Fiber Reinforce Pvt. Ltd. – Respondent


Advocates appeared:
Mr. ROHAN CAMA, instructed by M/s. DIVYA,
SHAH Associates, for the Plaintiff.
Mr. KALPESH JOSHI for the Defendant

JUDGMENT

1. The above Summary Suit is filed by the Plaintiff against the Defendant for an order and decree against the Defendant to pay to the Plaintiff a sum of Rs. 1,47,30,450/-as per the particulars of claim set out in Exhibit I to the Plaint, along with further interest at the rate of 21 per cent per annum to be calculated on Rs. 1,47,30,450/- from the date of the suit till payment and/or realisation and costs of the suit.

2. The writ of summons was served upon the Defendant on 4th July 2012 and the Vakalatnama of the Advocate appearing for the Defendant was filed on 11th July 2012.

The Summons for Judgment was served on the Advocate for the Defendant on 29th August 2012. However, no affidavit in reply is filed by the Defendant till date.

3. Pursuant to the purchase orders dated 5th September 2011, 8th October 2011 and 19th December 2011 placed by the Defendant with the Plaintiff, the Plaintiff delivered /supplied Polyester Resin ISO and Polyester Resin Ortho ("the said products") to the Defendant under 12 invoices aggregating to Rs. 1,95,79,951/- (Exhibits D-l to D-12 to the Plaint).

4. Admittedly in the purchase order the Defendant has provided for the payment mode as follows:

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