M/S. BALURGHAT TRANSPORT CO. Vs. M/S. WARDEX PHARMACEUTICALS P. LTD.
LAWS(CAL)-2012-2-419
HIGH COURT OF CALCUTTA
Decided on February 21,2012

M/S. Balurghat Transport Co. Appellant
VERSUS
M/S. Wardex Pharmaceuticals P. Ltd. Respondents

JUDGEMENT

MAHARAJ SINHA,J. - (1.) Way back in the year 1990 to be precise, on 5 April 1990 the plaintiff instituted the suit claiming a decree for Rs. 1,73,959.91 against the defendant and interest at the rate of 18 per cent per annum. The other claims mentioned in the claims (c), (d), (e) and (f) need not be stated in detail.
(2.) Although after the institution of the suit the writ of summons was duly served upon the defendant, M/s. Wordex Pharmaceuticals (P) Ltd., the defendant did not choose to file its written statement to contest the suit. The certificate issued by the department concerned signed by the Deputy Registrar dated 29 November 2011 to this effect is kept on record duly countersigned since the defendant has chosen not to contest the suit though the suit has been pending since April 1990. I think the plaintiff is entitled to obtain relief as claimed in the suit under the provisions of the Code of Civil Procedure.
(3.) However, the witness of the plaintiff has given evidence in Court today and proved all the documents on which the case of the plaintiff is based.;


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