BHARAT ELECTRONICS LIMITED Vs. STEJAC ENTERPRISES PRIVATE LIMITED

JUDGEMENT

(1.) Plaintiff Company instituted this suit on 2.9.1993 for recovery of the sum of Rs. 7,78,565.50 (Rupees seven lakhs seventyeight thousand five hundred sixtyfive and paise fifty only) against the defendant. Plaintiff Company, which is engaged in the manufacture and selling of T.V. picture tubes of different specifications, claimed that various consignments of T.V. picture tubes had been supplied to the defendant Company. The amount claimed in the suit represents the principal amount of Rs. 3,86,197.50p. (Rupees three lakhs eightysix thousand one hundred ninetyseven and paise fifty only) due on account of the invoices raised for the supply of T.V. picture tubes and after adjusting the amounts paid by the defendant. A further sum of Rs. 3,92,368.00 is claimed as interest, computed on the basis of varying rates of interest from 19 percent to 25 percent per annum, as given in the statement of overdue interest, enclosed with the plaint.

(2.) After registration of the suit on 9th November, 1993 summons were issued to the defendant. Defendant, however, could not be served by ordinary means despite repeated attempts. Accordingly, plaintiff's application for service of the defendant by substituted means of publication and affixation was allowed on 6.8.1996. The citation was published on 27.12.1996. Defendant was also served by affixation of summons on his last known address for 6.8.1997. Defendant did not enter appearance and was proceeded ex-parte by order dated 13.10.1997.

(3.) Ex-parte evidence by way of affidavits was filed by the plaintiff on 20.3.1998. Documents were exhibited and arguments were heard in the matter on 1.9.1999.