Calcutta High Court
Dhancot Fibres Pvt Limited vs Manoj Uttamchand Zamad on 25 June, 2025
OCD-8
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
CS-COM/415/2024
[OLD NO. CS/185/2022]
IA NO: GA/1/2022, GA/3/2023, GA-COM/6/2024
DHANCOT FIBRES PVT LIMITED
VS
MANOJ UTTAMCHAND ZAMAD
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : June 25, 2025.
Appearance :
Mr. Rupak Ghosh, Adv.
Mr. Ayan Dutta, Adv.
Mr. A.P. Gomes, Adv.
... for the plaintiff
1.
Mr. Rupak Ghosh, Learned Advocate, is appearing for the plaintiff.
2. None appears on behalf of the defendant.
3. The plaintiff has filed three applications being GA/1/2022 praying
for appointment of Special Officer/Receiver and injunction,
GA/3/2023 under Section 340 of the Code of Criminal Procedure
and GA-COM/6/2024 praying for judgment upon admission.
4. By an order dated 9th June, 2025, this Court has closed the chance
for filing affidavit in opposition by the defendant in connection with
GA-COM/6/2025 as several opportunities have been given to the
defendant but the defendant has not filed affidavit in opposition.
When the matter is called today, none appears on behalf of the
defendant and accordingly, Counsel for the plaintiff has pressed for
hearing of the application being GA-Com/6/2024 wherein the
plaintiff has prayed for judgment upon admission.
5. Counsel for the plaintiff submits that in the month of December,
2019, the defendant has requested the plaintiff for an advance of
Rs.1.50 crore towards the supply of raw cotton bales as the
defendant was in financial constraint. The defendant also agreed to
pay interest at the rate of 18 % per annum to the plaintiff till the
period when the supplies aggregating to the sum of Rs. 1.50 crore is
totally cleared by effecting such supplies.
6. Counsel for the plaintiff submits that on 31st December, 2019, the
plaintiff has transferred an amount of Rs.1.50 crore in the account
of the defendant. After receipt of the said amount, the defendant has
not supplied the materials and by an e-mail dated 5th February,
2020, the defendant has admitted that they have received the
advance of Rs.1.50 crore against the cotton bales but because of
some problem, the ginning was not working and the defendant
informed that they will return the said amount on or before 15th
February, 2020.
7. Counsel for the plaintiff submits that in the meantime, the
defendant has supplied cotton bales for a sum of Rs.76,65,422/-.
Thereafter, neither the materials were supplied nor the amount was
returned by the defendant to the plaintiff and accordingly, the
plaintiff has sent a notice to the defendant on 20th January, 2022
calling upon the defendant to pay the balance amount along with
interest at the rate of 18 % per annum within 15 days from the date
of receipt of the notice. The notice was duly served upon the
defendant but in spite of the receipt of notice, the defendant has not
given any reply nor has paid the amount as requested by the
plaintiff.
8. Counsel for the plaintiff further submits that from the document i.e.
the statement of account of the plaintiff it clearly proves that on 31 st
December, 2019 the plaintiff has transferred an amount of Rs.1.50
crore in the account of the defendant and by an e-mail dated 5th
February, 2020, the defendant has admitted that they have received
the amount of Rs.1.50 crore but could not supply the cotton bales
due to some problem in the machinery and informed that the
defendant will return the said amount by 15th February, 2020.
9. It is admitted by the plaintiff that out of Rs.1.50 crore, the defendant
has supplied materials to the tune of Rs.76,65,422/- and further an
amount of Rs.3,09,786/- was adjusted in the miscellaneous ledger
account for the period 1st January, 2020 to 31st March, 2020.
Accordingly, Counsel for the plaintiff submits that the plaintiff is
entitled to get interest from 31st December, 2019 till 29th February,
2020 and subsequent period till the realization of the total amount.
10. Counsel for the plaintiff submits that the defendant has
unequivocally admitted that the plaintiff has paid the amount but
the defendant has neither returned the amount nor has supplied the
materials as agreed by the defendant and as such, he prays for
judgment upon admission.
11. Heard Learned Counsel for the plaintiff. Perused the materials on
record.
12. The plaintiff has disclosed the statement of account wherein it
reveals that on 31st December, 2019 the plaintiff has transferred an
amount of Rs.1.50 crore in the account of the defendant. The
defendant by an e-mail dated 5th February, 2020 has admitted that
he has received the said amount but he was not in a position to
supply the materials due to problem in the machines and he assured
that he will return the amount by 15th February, 2020 but in the
meantime, the defendant has supplied materials to the tune of
Rs.76,65,422/-. The plaintiff has also issued notice to the defendant
calling upon the defendant to pay the balance amount but the
defendant has neither given any reply nor has paid the amount.
13. This Court finds that the defendant has unequivocally admitted the
claim of the plaintiff by an e-mail dated 5th February, 2020 and has
also not given any reply to the notice dated 20th January, 2022
wherein the plaintiff has claimed Rs.1,07,58,371/- along with
interest at the rate of 18 % per annum. This Court finds that the
documents disclosed by the plaintiff have not been rebutted by the
defendant by filing affidavit in opposition. Accordingly, this Court
finds that the defendant has unequivocally admitted the claim of the
plaintiff and the plaintiff is entitled to get judgment upon admission.
14. In view of the above, the defendant is directed to pay the amount of
Rs.1,07,58,371/- along with interest at the rate of 18% per annum
from 1st January, 2020 till the realization of the decretal amount.
15. Accordingly, GA-COM/6/2024 is disposed of.
16. CS-COM/415/2024 (Old No. CS/185/2022) is also disposed of.
17. The department is directed to draw the decree.
18. As this Court has disposed of the suit itself, the other applications
filed by the plaintiff being GA/1/2022 and GA/3/2023 are also
disposed of.
(KRISHNA RAO, J.)
RS
