2003 (11) TMI 358 - HC - Companies Law

Summary

Issues:
1. Transfer of suit from Bombay High Court to the High Court of Rajasthan.
2. Service of summons to the defendants.
3. Claim for recovery of dues for goods sold and delivered.
4. Claim for recovery of sales tax along with interest.
5. Legal notice sent to the defendant.
6. Jurisdiction of the court.
7. Uncontested claim and admission by the defendant.

Transfer of Suit:
The suit was transferred from Bombay High Court to the High Court of Rajasthan in compliance with a court order dated March 10, 1995. The court ordered for the registration of the suit upon receiving the necessary papers.

Service of Summons:
Despite efforts made by the plaintiff, the defendants did not appear in response to the issued summons. The court permitted the plaintiff to serve the summons by publication in the Indian Express, Bombay Edition, which was duly complied with.

Claim for Recovery of Dues:
The plaintiff, a company in liquidation, claimed an aggregate sum of Rs. 5,62,422.84p from the defendant for goods sold and delivered. The plaintiff also sought interest at the rate of 15% per annum under the Sale of Goods Act, totaling Rs. 95,812.20p.

Claim for Recovery of Sales Tax:
Additionally, the plaintiff claimed Rs. 4,835.88p as balance due for sales tax, along with interest. The plaintiff had initially not charged sales tax on certain goods delivered to the defendant but later raised debit notes for the same.

Legal Notice and Jurisdiction:
Before filing the suit, the plaintiff sent a legal notice demanding payment from the defendant. The suit was valued at Rs. 6,63,070.92p and filed in the Bombay High Court due to the cause of action arising in Bombay.

Uncontested Claim:
The defendant did not appear or file written statements, leading to the court considering the plaintiff's claims as uncontroverted. The court held that the lack of written statements amounted to an admission of the plaintiff's claim.

Judgment:
The court ruled in favor of the plaintiff, passing a decree against the defendant for a sum of Rs. 6,63,070.92p with interest at 6% per annum. The defendant was directed to pay the costs of the suit, and a decree was to be drawn in favor of the plaintiff accordingly.