TVC SKYSHOP LTD Vs. RELIANCE COMMUNICATION

JUDGEMENT

(1.) Having failed to persuade the learned Single Judge and the Division Bench of the Bombay High Court to entertain its prayer for setting aside the decree passed in favour of the respondent under Order XXXVII Rule 3 of the Code of Civil Procedure, the appellant has filed this petition.

(2.) The appellant and respondent entered into an agreement whereby the respondent provided 54 mobile phone connections to the former in 2003. Due to non-payment of the amount due, the respondent sent legal notice dated 22.9.2004 and demanded Rs.13,31,800.59. After some time, the respondent filed a petition under Sections 433 and 434 of the Companies Act, 1956, which came to be registered as Company Petition No.910/2005 for winding up of the appellant by alleging that it has failed to pay Rs.19,69,417.11 despite demand. The learned Company Judge passed order dated 13.4.2006 and directed the appellant to deposit a sum of Rs.11,00,000/- to avoid advertisement of the petition filed by the respondent.

(3.) The respondent also filed a Summary Suit No.1989/2006 under Order XXXVII for passing a decree of Rs.25,83,078.35 with interest at the rate of 30% per annum from the date of suit. The summon issued by the Court was duly served upon the appellant, but neither an application was filed for leave to defend nor any one appeared on the date specified in the summons. Therefore, the learned Single Judge passed order dated 7.11.2006 and decreed the suit in terms of clauses (a) and (b) of the plaint.