Calcutta High Court
Sri Ranjit Nahata vs Serve & Valley Outdoor Advertising Pvt. ... on 29 August, 2024
Author: Sugato Majumdar
Bench: Sugato Majumdar
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
COMMERCIAL DIVISION
Present:
The Hon'ble Justice Sugato Majumdar
CS-COM/721/2024
[OLD NO CS/240/2011]
SRI RANJIT NAHATA
VS
SERVE & VALLEY OUTDOOR ADVERTISING PVT. LTD.
For the Plaintiff : Mr. Debdut Mukherjee, Adv.
Mr. Gaurab Kumar Das, Adv.
Mr. Mukesh Kumar Gupta, Adv.
Mr. A.B. Dutta, Adv.
Hearing concluded on : 27/08/2024
Judgment on : 29/08/2024
Sugato Majumdar, J.:
This is a suit for recovery of price of goods sold.
The Plaintiff is the sole proprietor of the proprietorship concern of the name
and style of M/S Gotam Textile & Electrical, carrying on business at 32, Ezra Street,
Kolkata - 7001, within jurisdiction of this Court. The Defendant is a private limited
company, registered under the Companies' Act, 1956 carrying on business of
supplying various electrical components and items for rendering advertisement
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services to its' clients. The Defendant has its office at 5/2, Russel Street, Kolkata,
now at Room No.231, Karnani Manson, 25A, Park Street, Kolkata, within jurisdiction
of this Court.
The Defendant approached the Plaintiff, sometime in the month of May,
2008, at Ezra, Street, Kolkata and expressed willingness to purchase from the
Plaintiff diverse electrical equipment for its business purpose. The Plaintiff agreed
upon. There was oral agreement between the parties that the Plaintiff would supply
of diverse electrical equipment and components to the Defendant for advertisement
business. It was agreed upon that the Plaintiff should, on demand from the
Defendant, sale and supply the goods and the Defendant at such place and time, as
the Defendant would require and order. It was also agreed upon that the Defendant
shall make payments against such goods in time. In case of failure of the Defendant
to pay price of the goods in time, the Defendant would be liable to pay interest at a
rate of 24% per annum. Accounts between the parties were running and continuous.
Subsequently, between the months of May, 2008 and April, 2010, sale and supply of
goods were made by the Plaintiff to the Defendant whereas the later made an
aggregate payment of Rs.9,03,234/- on account of such sale and supply. Last
payment was made by the Defendant by cheque no. 144937 dated 05/04/2010 drawn
on Dhanalakshmi Bank, containing a sum of Rs.51,304/-, leaving a sum of
Rs.11,87,908/- due owe and payable. In spite of repeated demands, outstanding
amount has not been paid by the Defendant. Outstanding amount, at the date of
presentation of the plaint was:
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Principal amount : Rs. 11,87,908/-
Interest at a rate of 24% per : Rs.2,87,077.77p
annum on and from
30/06/2011.
Total : Rs.14,74,985.77p
On being constrained, the Plaintiff instituted the instant suit praying for, inter
alia, recovery of the outstanding amount, as aforesaid.
The Defendant did not appear to contest the suit, as appears from the report
of the Registry, in spite of service of writ of summons. The suit became undefended.
The Plaintiff's witness examined himself, produced evidence-on-affidavit. The
Plaintiff also adduced documentary evidences which were admitted in evidence and
marked accordingly.
P.W.1 testified oral agreement between the parties. P.W.1 identified various
documentary evidences adduced. Ext. A series contain challans and invoices
evidencing delivery of goods to the Defendant in the year 2008. Ext. B, collectively,
is the statement of bank account of the Plaintiff's concern maintained in Corporation
Bank, Armenian Street Branch which bears testimony of payments made by the
Defendant starting from 02/08/2008. The last payment was made on 30/04/2009.
The suit was presented on 28/09/2011.
Unchallenged testimonies adduced on behalf of the Plaintiff establish that
there was an agreement between the parties herein followed by sale, supply and
delivery of goods. Payments, from time to time, were made by the Defendant,
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leaving an amount of Rs.11,87,908/- outstanding and payable as principal sum, being
the price of goods. Therefore, the Plaintiff is entitled to a decree for recovery of the
principal sum of money along with interest. In absence of any written document,
this Court, however, is not willing to impose interest at a rate of 24% per annum.
Hence, it is ordered that the Plaintiff do get a decree of Rs.11,87,908/- along
with interest at a rate of 12% per annum on and from 30/06/2011 till realization.
Let the decree be drawn up.
The instant suit is disposed of along with pending application, if any.
(Sugato Majumdar, J.)
