SKYWAY RMC PLANTS PVT. LTD. Vs. FAROOQ THIM

JUDGEMENT

(1.) This commercial division summary suit is instituted for recovery of an amount of Rs.1,32,11,053/- alongwith interest on the principal amount of Rs.98,12,721/-, at the rate of 24% p.a., on the basis of the invoices raised by the plaintiff against the defendant.

(2.) Brief facts of the case are as under:

(3.) It is indisputable that the writ of summons has been duly served upon the defendant as evidenced by the Bailiff report dated 1st August, 2017. In view of the default on the part of the defendant in entering appearance, the Court has to proceed on the premise that the allegations in the plaint are deemed to be admitted, as provided in Sub-rule (3) of Rule 2 of Order XXXVII.