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2024 DIGILAW 125 (CAL)

N. Jivanlal & Co. (Cal) Pvt. Ltd. v. Prem Chand Prasad

2024-01-18

SUGATO MAJUMDAR

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JUDGMENT : Sugato Majumdar, J. 1. The instant suit is filed by the Plaintiff praying for recovery of money along with interest and other prayers. 2. The sum and substance of the plaint case is that the Plaintiff, being a private limited company, registered under the Companies Act, 1956, carries on business as a dealer and supplier of various foodstuff and general merchandise having registered office at 1, Mullick Street, Kolkata – 700007 within jurisdiction of this Court. The Defendant no. 5 is a partnership firm carrying on business with the other defendants as partners. The Defendant No. 5 carries on business of running a general provision store at Budh Line, Naya Gaon, Port Blair – 744106. The Defendant No. 5 has another store at Aberdeen Bazar, Port Blair – 744101. The Defendant No. 5 also carries on business of supplying foodstuff and general provisions to the government. 3. The Plaintiff and the Defendant No. 5 agreed sometimes in January 1995 that the Plaintiff should purchase various provisions and should ship the same to the Defendant No. 5 at Port Blair. In March 1998 the Defendant No. 5 offered the Plaintiff to render services to the defendants as shipping and forwarding agent for diverse goods which were to be purchased directly by the Defendant No. 5 from various other concerns directly. The Plaintiff accepted the said later proposal. All the offers were accepted at the registered office of the Plaintiff at 1, Mullick Street, Kolkata – 700007. Thus, as a result of such offers and acceptances two simultaneous business came into being between the parties and the same was being carried on. The parties maintained mutual and running account in respect of goods sold and delivered by the Plaintiff to the Defendant No. 5, shipping and forwarding charges bills raised by the Plaintiff upon the Defendant No. 5. Part payments were made by the Defendant No. 5 from time to time. 4. As on March, 2002 a sum of Rs.22,21,323.87 p. was due, owing and payable by the Defendant No. 5 to the Plaintiff. The Defendant No. 5 confirmed the said statement of account as one of the partners signed the statement of account from 1st April, 2000 to 31st March, 2001. 4. As on March, 2002 a sum of Rs.22,21,323.87 p. was due, owing and payable by the Defendant No. 5 to the Plaintiff. The Defendant No. 5 confirmed the said statement of account as one of the partners signed the statement of account from 1st April, 2000 to 31st March, 2001. Between April 2002 and August 2001, on account of goods sold and delivered by the Plaintiff to the Defendant No. 5 and shipping and forwarding work done by the Plaintiff for the Defendant No. 5, a sum of Rs.6,35,675/- became due and owing by the Defendant No. 5 to the Plaintiff. Thus a total sum of Rs.28,56,998.87 p. became due and owing by the Defendant No. 5 to the Plaintiff. The Defendant No. 5, from time to time made part payments, the last of which was paid on 27th October, 2001 of a sum of Rs.25,000/-. However, a sum of Rs.19,00,267.87 p. is still due and owing by the Defendant No. 5 to the Plaintiff which the former neglected and failed to pay. 5. On being constrained, the Plaintiff instituted the instant suit praying for recovery of a sum of Rs.19,00,267.87 p. as principal sum; central sales tax share as Rs.12.654.92 p. along with interest component at a rate of 9% per annum on and from 1st April, 2001 to 31st March, 2004. 6. In spite of service of summons the Defendants did not appear to contest the suit. Accordingly, the suit was treated as undefended. 7. Plaintiff adduced oral as well as documentary evidences. 8. Ext. “A” is the offer letter and Ext. “B” is the letter of acceptance by the Plaintiff. Other documentary evidences prove regular business transactions between the parties herein. Ext. “H” is the reconciled statement of accounts signed by both the parties and Ext. “G” is a letter of acknowledgement of debt by the Defendant No. 5 dated 10/04/2001, wherein it is acknowledged and admitted that a sum of Rs.22,21,323.85 p. became due, owing and payable by the Defendant No. 5 to the Plaintiff. Last payment was made by the Defendant No. 5 to the Plaintiff by demand draft on 29/10/2001. The suit was filed on 15th October, 2004, within three years from the date of last payment and acknowledgement of debt. 9. Last payment was made by the Defendant No. 5 to the Plaintiff by demand draft on 29/10/2001. The suit was filed on 15th October, 2004, within three years from the date of last payment and acknowledgement of debt. 9. Unchallenged testimony, both oral and documentary has been able to establish that the Plaintiff is able to establish his case and that the Plaintiff is entitled to recover a sum of Rs.19,00,267.87 p. as principal sum; central sales tax share as Rs.12.654.92 p. along with interest component at a rate of 9% per annum on and from 1st April, 2001 to 31st March, 2004. 10. The suit is allowed. It is ordered and let there be a decree for a sum of Rs.19,00,267.87 p. as principal sum; central sales tax share as Rs.12.654.92 p. along with interest component at a rate of 9% per annum on and from 1st April, 2001 to 31st March, 2004 and at a rate of 6% from the date of institution of the suit till recovery of the decretal amount. 11. The instant suit is accordingly disposed of along with pending applications, if any.