POLYBLENDS (INDIA) (PVT.) LTD. Vs. VIDEOCON INDUSTRIES LTD.

JUDGEMENT

(1.) I.A. Nos. 5985/2005 (for summons for Judgment) & 11606/2007 [Under Order 37 Rule 3(5)].

(2.) THE plaintiff has applied for summons for judgment in its summary suit; the defendant has, within the time specified, filed I.A. No. 11606/2006, seeking leave to contest the proceedings. The defendant urges, as a preliminary question, that this Court does not have territorial jurisdiction to entertain and try the present proceedings.

(3.) THE plaintiff urges in para 14 of the suit that the defendant had been issuing declarations in Form -C under various Sales Tax enactments for supplies obtained by them during 2004 -05, to the extent of Rs. 60,43,165.23/ -. It is alleged that the defendant did not further issue C -Forms. The plaintiff claims that the outstanding debit balance in its books of accounts is to the extent of Rs. 49,16,421.59/ - as the true amount. The suit also adverts to issuance of legal notice dated 02.04.2005 and claims in addition to the said amount, interest working -out to Rs. 12,96,768/ -. Thus the plaintiff claims a sum of Rs. 62,13,189.59/ - as money decree in this summary proceeding.