Case Note & Summary
The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery of Rs.1,32,11,053/- from the defendant, Farooq Thim, a sole proprietor of Faith India Construction Company. The claim was based on the supply of ready-mix concrete between July 2014 and May 2015, for which invoices were raised totaling Rs.2,79,86,263/-. The defendant made part payments of Rs.1,81,73,542/-, leaving an outstanding principal of Rs.98,12,721/-. The plaintiff sent a demand letter dated 13 October 2016 via registered post, which was returned unclaimed. The suit was filed for recovery of the principal amount with interest at 24% per annum as per the terms of the invoices. The writ of summons was personally served on the defendant on 1 August 2017, but the defendant failed to appear within the prescribed period. The court considered the plaintiff's submissions and the affidavit of service. The court noted that the defendant did not enter appearance or file a defense. The court held that the plaintiff had made out a prima facie case for summary judgment. The court granted a summary decree in favor of the plaintiff for the principal amount of Rs.98,12,721/- with interest at 12% per annum from the date of the suit until realization, along with costs. The court also directed that the decree be executed in the usual course.
Headnote
A) Civil Procedure - Summary Suit - Order XXXVII CPC - Recovery of Debt - Plaintiff sought recovery of Rs.1,32,11,053/- for supply of ready-mix concrete based on invoices - Defendant failed to appear despite personal service of summons - Court held that plaintiff established a prima facie case and granted summary decree for principal amount of Rs.98,12,721/- with interest at 12% p.a. from date of suit till realization (Paras 1-4).
Issue of Consideration
Whether the plaintiff is entitled to a summary decree for recovery of the outstanding amount along with interest, given that the defendant failed to appear despite service of summons.
Final Decision
The court granted a summary decree in favor of the plaintiff for the principal amount of Rs.98,12,721/- with interest at 12% per annum from the date of the suit until realization, along with costs. The decree to be executed in the usual course.
Law Points
- Summary suit under Order XXXVII CPC
- Recovery of debt based on invoices
- Interest on delayed payment
- Service of summons
- Non-appearance of defendant
- Prima facie case for summary decree
