VIJAI INFRASTRUCTURE LIMITED Vs. PROGRESSIVE CONSTRUCTIONS LIMITED

JUDGEMENT

(1.) THE Plaintiff has filed the present suit under Order XXXVII CPC for recovery of Rs. 19,78,71,711.80 along with the interest @ 18% per annum from the date of the institution of the suit till realization. Summons to the Defendant were issued under Order XXXVII on 18 th

(2.) JANUARY , 2010. The Defendant entered appearance before this Court on 23rd March, 2010 when the counsel for the applicant filed an application seeking summons for judgment under Order XXXVII Rule 4 CPC. The summons for judgment were received by the Defendant on 8 th July, 2010 and he filed his application under Order XXXVII Rule 3 (5) CPC being I.A. No. 9493/2010 on 17th July, 2010. However, this application of the Defendant was dismissed for non -prosecution on 12th August, 2013 as none was present on behalf of the Defendant on the said date nor was the Defendant represented on 12th February, 2013. Thus the Plaintiff prays for a judgment under Order XXXVII CPC.

(3.) LEDGER to support the claims made. Despite service of legal notice dated 18th November, 2009 regarding payment of outstanding amount of Rs.19,78,71,711.80 the Defendant has neither replied to the notice nor disputed or denied the liability. The Defendant has admitted the liability in its ledgers accounts, copies whereof have been placed on record. This Court has territorial jurisdiction to entertain the suit as the written agreement dated 25th August, 2002 between the parties had been executed at Delhi and the substantial part of the cause of action has arisen in Delhi. Consequently, a decree is passed in favour of the Plaintiff against the Defendant for a sum of Rs. 19,78,71,711.80 under Order XXXVII CPC. The Plaintiff is also entitled to the interest @9% per annum from the date of filing of the suit till the realization. Decree sheet be drawn accordingly.