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Paper Products Ltd. v/s Venkataramana Food Specialties Ltd.


Company & Directors' Information:- THE PAPER PRODUCTS LIMITED [Not available for efiling] CIN = U21012DL1950PLC001798

Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- D D PAPER PRODUCTS LIMITED [Active] CIN = U21098UP2010PLC043023

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- R. K. PAPER PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MH2015PTC261878

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- E F Z E D PAPER PRODUCTS PRIVATE LIMITED [Active] CIN = U21019WB1998PTC087967

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- N G PAPER PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055551

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- PAPER PRODUCTS LIMITED [Dissolved] CIN = U99999MH1944PTC004238

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    SUMMONS FOR JUDGMENT NO.163 OF 2010 IN SUMMARY SUIT NO.245 OF 2010

    Decided On, 15 September 2011

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE ANOOP V. MOHTA

    For the Plaintiffs: K.R. Belosay, Advocate. For the Defendant: R.A. Shaikh, Advocate.



Judgment Text

The Plaintiffs have filed the Summary Suit on 30 October 2009 to recover the sum of Rs.16,08,530/- as the Defendants failed to make the full payment of goods supplied (Packaging materials) as per the purchase orders from time to time though the Defendants received and accepted the goods and there was no dispute as to the quality and quantity. The total sum due and payable for goods sold and delivered was Rs.29,40,232.11. By eight cheques, Rs.18,16,831/- was paid by the Defendants. Outstanding amount was Rs.11,23,401/- by adding interest @ 24%. The total balance due on the date of filing of the Suit is as referred above.

2. This Court on Leave Petition No.882 of 2009 taken out by the Plaintiffs-Petitioners, has granted leave under Clause XII of Letters Patent on 10 November 2009, based upon Clause 9 of the purchase orders. The Suit was lodged on 10 December 2009 after obtaining leave.

3. The Defendants in spite of notice dated 9 April 2009 failed to make the payment and therefore, the Summary Suit.

4. The Defendants filed appearances through their advocate on 3rd March 2010.

5. The Plaintiffs have taken out the Summons for Judgment on 20 April 2010 along with the supporting affidavit. The Defendants filed reply on 24 March 2011. The Plaintiffs have filed rejoinder dated 29 March 2011. The matter was adjourned for settlement, but could not be settled and therefore heard finally.

6. The purchase bills/orders and related documents are part of the record ranging from the date 10 October 2006 upto 23 August 2007. By letter dated 31 December 2007 the Defendants have confirmed the amount of Rs.19,85,040.44 as on 31 December 2007. The Summary Suit is filed on 30 October 2009 as the Defendants inspite of legal notice dated 9 April 2009 failed to make the due and balance payment. The Suit, therefore, as filed is maintainable in this Court and is within limitation.

7. Thus, the Defendants though submitted that the Suit is based on the running account maintained by the parties and as from time to time the payments were made, the Suit as filed is not maintainable, is unacceptable. Such Suit in the present facts and circumstances is maintainable, also in view of the confirmation letter so referred above. The other defence was the calculation of arrears of Rs.35,999.89. There is also no reason to accept the defence of the Defendants.

8. There is no denial to the basic aspect of the part payment made by the Defendants from time to time. The assurances so given to make the complete payment as per the terms and conditions mentioned in the purchase orders is not in dispute. The fact of Criminal case against the Defendants in view of dishonour of eight cheques to the extent of Rs.18,16,831/-, is also not in dispute. The principal amount, therefore, as claimed based upon the undisputed invoices which are part of the record, therefore, just cannot be overlooked.

9. It is clearly provided on the bills that if the payment is not received on or before the due date, interest @ 24% per annum is claimed. It is also agreed between the parties that the Defendants make the payment "100% against delivery subject to approval". There was no objection raised at any time after the receipt of the goods. Therefore, the Defendants were liable to make the payment of 100% payment upon delivery of the goods. The delay in payment, as agreed, was subject to interest @ 24% per annum. All these facts, therefore, has remained undisputed and in my view the Plaintiffs have made out the case for Summons for Judgment. The Defendants failed to raise substantial defence. The defence so raised in view of admitted facts and documents on record is bogus and only with an intention to delay the due and crystalized payment. The Defendants, though opportu

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nity was given, not even settled the matter till this date. 10. Considering this, in view of the agreed terms and conditions and admitted amount including the agreed rate of interest, the Summons for Judgment is granted as prayed. The future interest shall be at 9% till realization. 11. The Summons for Judgment is accordingly allowed. There shall be no order as to costs. The decree be drawn accordingly.
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