SWAROVSKI INDIA PVT. LTD. Vs. SPA AGENCIES

JUDGEMENT

(1.) plaintiff company has filed the present suit under Order 37 of the Code of Civil Procedure (hereinafter referred to as CPC.) for recovery of Rs. 27,47,587/- i.e. Rs. 20,52,995/- as the principal amount and Rs. 6,94,592/- as interest on the outstanding amount @ 12% per annum for the period from October, 2001 till 30.9.2004 against the defendant for the supply of goods against 15 invoices for the period from October, 2001 to December, 2001 which the defendant failed to pay despite service of legal notice dated 24.5.2004.

(2.) Defendants were duly served with summons for appearance and they entered appearance. Thereafter plaintiff filed an application under Order 37 Rule 3 CPC seeking service of summons for judgment on the defendants. Summons for judgment were duly served upon the defendants at their correct address and the defendants put in their appearance in the court through their counsel on 6th January, 2006 but no application for leave to defend the said suit was filed. Defendants took two adjournments and thereafter filed the applications under consideration. Both the applications have been contested by the plaintiff.

(3.) This application has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the application under Order 37 Rule 3(5) CPC for leave to defend and contest the suit.