EAP INDUSTRIES LIMITED Vs. R A INDUSTRIES

JUDGEMENT

(1.) The plaintiff, named above, has filed the present suit against the defendants for the recovery of Rs. 1,14,124.58. The case of the plaintiff, in brief, is that the plaintiff is a Limited Company, incorporated under the Companies Act, 1956 with its branch office at A/17,.2nd Floor, D.D.A. Office-cum- Shopping Complex, Defence Colony, New Delhi and Shri Shekhar Chand Jain has been authorised to sign and verify the plaint and institute the suit on behalf of the plaintiff Company by virtue of the power of attorney executed by. the plaintiff Company in his favour. It is alleged that the plaintiff is carrying on the business of manufacture and supply ofDie-Octyl Phthalate, Dibutyl Phthalate etc. It is averred that defendant No. 1 is a proprietorship concern of which defendant No. 2 is the sole proprietor and thus both the' defendants are jointly and severally liable to pay the amount due and payable to the plaintiff Company.

(2.) The defendants were served by publication. Despite publication of notice in the newspaper ' The Statesmen' dated the 12th November, 1990, the defendants did not care to appear and vide order dated 30th November, 1990 they were directed to be proceeded ex-parte in the present proceedings.

(3.) The plaintiff, in support of its case, has adduced the evidence by way of affidavit and has filed the affidavit of Mr. Panna Lal Bhardwaj, the constituted attorney of the plaintiff. Sh. Panna Lal Bhardwaj in his affidavit has fully supported the case of the plaintiff.