Circuit Sy vs M/S Pacifi

Circuit Systems Ltd. Vs M/S Pacific Electronics

Case Details

Case Type	SMST S
Filing Number	3/2012
Registration Number	3/2012
Filing Date	06-10-2010
Registration Date	06-10-2012

First Hearing Date	11th March 2013
Decision Date	30th August 2016
Case Status	Case Disposed
Court Number and Judge	11-2Nd Addl. Sr. Civil Judge & A.C.J.M.;
Nature of Disposal	Contested--Judgement;

Petitioners & Respondents

Petitioner

Circuit Systems Ltd., ;

Petitioner Advocate

K N Rajput;

Respondent Name

M/S Pacific Electronics;

Order Details

Order not found.

Final Order Judgement

Order Date

30-08-2016

xyz Judgment 1/4 Special Summary C. S. No. 3/2012 Presented on 06/10/2012 Registered on 06/10/2012 Decided on 30/08/2016 Duration BEFORE THE HON'BLE 3rd Addl. SENIOR CIVIL JUDGE COURT AT GANDHINAGAR Special Summary Civil Suit No. 3/2012 Order below Exh – 19 Plaintiff M/s Circuit Systems ( India ) Ltd, At B 24, GIDC, Electronics Estate, Sector No. 25, Gandhinagar 382044 ( Gujarat ) India Versus Defendant M/s Pacific Electronics. C/o Jindal Paddy Products, Khasara No. 54/3/2, Village Rampura Dehat, Rudrapur, District Udhamsingnagar, Uttrakhand 262405 Subject Suit for recovery of Rs.3,72,120.27 paisa Judgment 2/4 Special Summary C. S. No. 3/2012 Ld. Advocate for the Plaintiff K.N.Rajput Ld. Advocate for the Defendant None :: JUDGEMENT :: (1)... As per the pleadings of the plaintiff, the plaintiff has filled the present suit against the defendant under Order 37 Rule 1 and 2 of the Code of Civil Procedure for recovery of Rs. 3, 72, 120.27 paisa ( Rs. Three Lakhs Seventy Two Thousand One Hundread twenty and Twenty Seven paisa only ) with the interest at the rate of 18 % till realization. (2)... On presentation of the suit filed under Order 37 of the Code of Civil Procedure, this court issued summon for appearance to the defendant. Inspite of service of summons for appearance through public notice published in The Times of India, New Delhi, Dehradun Dated 16/10/2015 ( Mark10/1 ), the defendant has failed to appear before this court and hence, this application vide Exh.19 has been filed by the plaintiff under Order 37 Rule 2(3) of the Code of Civil Procedure to obtain the exparte order in favour of the plaintiff and against the defendant. (3)... Heard Ld. Advocate for the Plaintiff. Read this application Exh. 19 filed under Order 37 Rule 2(3) of Code of Civil Procedure, affidavit vide Judgment 3/4 Special Summary C. S. No. 3/2012 Exh. 20, the pleading and accompanying documents Mark3/1 to Mark3/6, Mark18/1 to Mark18/7, Mark24/1 other papers on record. The Plaintiff has filed the present suit against the defendant under Order 37 Rule 2 of Code of Civil Procedure. It appears from the record that, the defendant has been validly served summons of the suit by public notice ( Mark10/1). Still, however, the defendant has not filed his appearance. In view of the Order 37 Rule 2(3) of Code of Civil Procedure, in default of defendant to file his appearance, the allegation made in the plaint as well as affidavit filed in support thereof is deemed to be admitted. Further, it is pertinent to note that, on perusal of record, it appears that, the suit is not either barred by jurisdiction or limitation. Further, there also appears no fair and reasonable agreement regarding interest between the parties and therefore, plaintiff is not entitled to get interest amounting to Rs. 81,072.34 paisa and Rs. 1750/ towards notice charges. Considering the nature of transaction, 7.25 % interest p.a. as reasonable rate of interest to be awarded on the suit claim from the date of the suit till payment. Thus, the plaintiff is entitled to the decree. Hence, I pass the following order : Judgment 4/4 Special Summary C. S. No. 3/2012 :: ORDER :: The Suit is decreed ex parte under order 37 Rule 2(3) of Code of Civil Procedure Code. Decree against the defendant for Rs. 2,89,297.93 paisa ( Rs. Two Lakhs Eighty Nine Thousand Two Hundra Ninty Seven and Ninety Three Paisa only ) with interest at the rate of 7.25% p.a from the date of the suit till realization. No Order as to costs. Decree may be drawn accordingly. Pronounced in open court today on 30st August'2016 Gandhinagar Date:30/08/16 (Zafarullakhan Attaullakhan Sindhi) UIC Code No. GJ00647 3rd Addl Sr. Civil Judge, Gandhinagar...

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Frequently Asked Questions

The Petitioner in case Circuit Systems Ltd. vs M/S Pacific Electronics is Circuit Systems Ltd..

The Respondent in case Circuit Systems Ltd. vs M/S Pacific Electronics is M/S Pacific Electronics.

The case against M/S Pacific Electronicswas filed on 06-10-2010 by Circuit Systems Ltd..

The status of case Circuit Systems Ltd. against M/S Pacific Electronics is Case Disposed.