9911796707
TMI Blog2003 (11) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The suit was placed before the Court on 5th of April, 1996. The Court has been pleased to issue summons to the defendants. However, in spite of efforts made by the plaintiff, the service of the summons of the suit could not be affected on the defendants. 4. On 22nd of February, 2001 the court permitted the plaintiff to serve the summons of the suit by the defendant by publication thereof in the Indian Express, Bombay Edition. This order has been complied with by the plaintiff. 5. The summons of the suit for settlement of the issues, were published in the Indian Express, Bombay, Saturday October 12, 2002. Despite of publication of the summons of the suit for settlement of the issues, none put appearance on behalf of the defen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same were dishonoured by non payment. The State Bank of India, who made advance payment to the plaintiff of the amounts in respect of the said bills to be collected, accordingly debited in the account of the plaintiff with it in respect of the amounts of the said bills and the plaintiff is, thus, entitled to recover from the defendant the price of the goods sold and delivered by it. The plaintiff submitted that there is now due and owing by the defendant to the plaintiff in respect of the particulars of goods sold and delivered, an aggregate sum of Rs. 5,62,422.84p. The plaintiff has also claimed interest on the unpaid price at the rate of 15% per annum from the due date under the provisions of section 61 of the Sale of Goods Act. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e suit is valued at Rs. 6,63,070.92p. 12. In para No. 10 of the plaint it is stated that the whole cause of action had arisen in the Bombay. The defendant is carrying on its business at Bombay. The suit has been filed in the Bombay High Court and, as said earlier, as the plaintiff company has been wound up by this Court, it has been ordered to be transferred to this Court and thus it is before me. 13. One Mr. Balkrishna.........Ramdas Joshi has signed the plaint and verified the same as one of the Principal Officer of the plaintiff and being aware of the facts of the case and able to depose the same. The plaintiff has made following prayers in the suit. "( a )that the Defendants be ordered and decreed to pay to the plaintiffs a su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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