M/S. M.M. Products Ltd. Vs. Jyoti Vansapati and Allied Industries Ltd. - Court Judgment

Excerpt:
the case focused on the recovery of suit under section 55 of the sale of goods act, 1930, in relevance to written statement by the defendants - the received goods were accepted however pleaded as defective - the affidavit by the plaintiff in proof of the ex parte order - it was found that documents established the case of plaintiff hence the suit was decreed - orderj.d. kapoor, j.1. the plaintiff is a limited company having its registered office at f-117, ashok vihar, phase-i, delhi and has filed a suit for recovery of rs.8,41,122.50 against the defendants.2. it is averred that the plaintiff is carrying on the business of manufacturing plastic/tin containers used for the packing of ghee etc. it is further averred that the defendant company deals in and manufacture vanaspati ghee and the same is being sold in the market in the brand name of ladla.3. summons of the suit were ordered to be served upon the defendants. however the defendants after filing the written statement wherein they had contested the claim of the plaintiff inasmuch as they accepted having received the goods but pleaded that they were defective, were subsequently proceeded ex parte.4. the case of the plaintiff has received support and confirmation by way of affidavit filed by the shri shiv kumar jindal. managing director of the plaintiff company who has been authorised by the company to institute the suit, sign and verify the plaint and the documents (exhibit p-2 to p-10). these documents prove the receipt of the goods through the transport and the bills.5. thus the plaintiff has established its claim for recovery of rs.8,41,122.50.6. accordingly the suit is decreed for rs.8,41,122.50 with pendente lite and future interest at the agreed of interest i.e. 24% per annumt til realization of the decretal amount.7. the decree sheet be prepared accordingly.

Judgment:
ORDER

J.D. Kapoor, J.

1. The plaintiff is a limited company having its registered office at F-117, Ashok Vihar, Phase-I, Delhi and has filed a suit for recovery of Rs.8,41,122.50 against the defendants.

2. It is averred that the plaintiff is carrying on the business of manufacturing plastic/tin containers used for the packing of ghee etc. It is further averred that the defendant company deals in and manufacture vanaspati ghee and the same is being sold in the market in the brand name of LADLA.

3. Summons of the suit were ordered to be served upon the defendants. However the defendants after filing the written statement wherein they had contested the claim of the plaintiff inasmuch as they accepted having received the goods but pleaded that they were defective, were subsequently proceeded ex parte.

4. The case of the plaintiff has received support and confirmation by way of affidavit filed by the Shri Shiv Kumar Jindal. Managing Director of the plaintiff company who has been authorised by the company to institute the suit, sign and verify the plaint and the documents (Exhibit P-2 to P-10). These documents prove the receipt of the goods through the transport and the bills.

5. Thus the plaintiff has established its claim for recovery of Rs.8,41,122.50.

6. Accordingly the suit is decreed for Rs.8,41,122.50 with pendente lite and future interest at the agreed of interest i.e. 24% per annumt til realization of the decretal amount.

7. The Decree sheet be prepared accordingly.