FRIENDS AUTO (INDIA) LIMTED Vs. SHRIRAM AGENCY

JUDGEMENT

(1.) The appeal herein is directed against the judgment and decree dtd. 11/9/2024 passed by the learned Commercial Court, Bikaner, whereby the suit was decreed in favour of respondent-plaintiff for Rs.67,79,690.44 with interest @ 9% per annum, holding that in the absence of any defence the plaintiff's claim stood unrebutted and proved.

(2.) Succinctly speaking, the relevant facts of the case are that the plaintiff-respondent instituted a commercial civil suit on 26/4/2024, before the Learned Commercial Court, Bikaner, seeking recovery of Rs.1,15,25,474.00, comprising Rs.67,79,690.44 as principal and Rs.47,45,783.56 as interest under the MSMED Act, alleging outstanding dues arising from commercial transactions relating to supply of fuel briquettes during the period 25/2/2019 to 13/9/2019. The suit was registered as Civil Original Case No. 113/2024 on 4/5/2024 and summons were issued through multiple modes. The defendant appeared on 31/5/2024 and sought time to file written statement, which was ultimately filed on 12/8/2024 denying liability. However, the Learned Trial Court, vide order dtd. 12/8/2024, struck off the written statement on the grounds of delay and non-filing of Statement of Truth under Order VI Rule 15-A CPC, despite the same being required within 120 days from service of summons.

(3.) Hence, this instant appeal.