AGIO PHARMACEUTICALS LTD. Vs. KOJACH LTD.

JUDGEMENT

(1.) By this Suit, the plaintiff - M/s. Agio Pharmaceuticals Ltd. seeks judgment and decree against the Defendant - M/s. Kojach Ltd. directing the Defendant to pay to the plaintiff a sum of US $ 1065827.12 and US $ 9285.67 towards freight plus US $ 326000 towards cost of goods manufactured at the request of the Defendant as per the particulars of claim annexed and marked Exhibit -AB to the Plaint with further interest thereon at the rate of 18 per cent from the date it is due till payment and/or realization. The plaintiff first attempted to serve the writ of summons on the Defendant through the Bailiff of the Sheriff of Mumbai through registered post AD. However, the packet containing the writ of summons was returned with the postal remark thereon as "not known". An affidavit dated 23rd January, 2014 to this effect is on record. One more attempt was made to serve the writ of summons on the Defendant through the Bailiff of the Sheriff of Mumbai through registered post AD. However, the packet containing the said writ of summons was once again returned back to the office of the Sheriff of Mumbai. An affidavit to this effect dated 20th December, 2014, is fled on behalf of the Plaintiff. The writ of summons was thereafter served on the Defendant by substituted service i.e. through publication in the news papers. The Affidavit proving service dated 23rd July, 2015 was tendered in Court on 4th August, 2015 and taken on record. Since the Defendant failed to appear despite service through publication, this Court by its order dated 4th August, 2015 directed that the Suit be placed for ex parte decree on 24th August, 2015. In view thereof, the suit today is for final hearing for ex parte decree.

(2.) The plaintiff has fled an affidavit of documents, a compilation of documents and an affidavit of examination -in -chief of Mr. Madhusudan Govindprasad Ruia, Chairman and Managing Director of the plaintiff (PW -1). PW -1 has, on behalf of the Plaintiff, submitted as follows :

(3.) 1 That the plaintiff is a Company incorporated and registered under the Companies Act and having its registered and corporate office at the address mentioned in the cause title of the Suit and is engaged in the manufacture, export and distribution of pharmaceutical products.