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2002 DIGILAW 1287 (DEL)

WOCKHARDT LIMITED v. SATISH AHUJA

2002-08-29

S.MUKERJEE

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S. MUKERJEE ( 1 ) THIS is a summary suit under Order 37 Code of Civil Procedure, 1908. The defendants have been duly served but chose not to enter appearance. ( 2 ) IN terms of Order 37 Rule 3 Code of Civil Procedure, 1908 , the plaintiffs are entitled to a decree of an amount upto 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 favour 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 ( 6 ) THE suit is disposed of as decreed with costs.