Calcutta High Court
Jupax Vanijya Private Limited vs Super Plast Industries And Anr on 28 October, 2025
OCD-21
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
CS-COM/724/2024
JUPAX VANIJYA PRIVATE LIMITED
-VS-
SUPER PLAST INDUSTRIES AND ANR
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : October 28, 2025.
Appearance :
Mr. Tanish Ganeriwalla, Adv.
Mr. Shiv Ratan Kakrania, Adv.
Mr. Tanuj Kakrania, Adv.
Ms. Jiya Bose, Adv.
Ms. Surabhi Mehra, Adv.
... for the plaintiff
1.
The plaintiff has filed this suit praying for a decree for a sum of
Rs.14,57,848/- along with interim interest and interest upon
judgment at the rate of 15% per annum.
2. The case of the plaintiff is that sometime in the year 2017 the
plaintiff was approached by the defendant no.2 for the purpose of
supply of diverse quantity of different types of plastic products. A
meeting was held between the plaintiff and the defendants and it
was agreed that the defendant no.2 would place verbal orders as
proprietor of Space Enterprises as one of the partners of the
defendant no.1 upon the plaintiff time to time for supply of
diverse quantity of different types of plastic products at rates
mutually agreed between the parties. It was further agreed that
the defendants would bear the freight costs involved in
transportation of the plastic products from the plaintiff to the
designated location. It was further agreed between the parties
that the plaintiff would raise invoices towards supply of the
plastic products as per the request of the defendants and the
payments whereof will be made within seven days from the date of
issuance of the invoice, failing which, the plaintiff will be entitled
to get interest at the rate of 15 % per annum on the outstanding
dues against the invoices. As per the agreement between the
parties, the defendants had started placing orders to the plaintiff
and the plaintiff had started supplying the materials to the
defendants from time to time as per the requirement of the
defendants. The defendants had made part payment and finally
an amount of Rs.9,73,722/- was due but the defendants failed to
pay the said amount. Accordingly, the plaintiff has issued notice
to the defendants for payment of the due amount along with
interest. On receipt of the request made by the plaintiff, the
defendants had requested the plaintiff to bear with the defendants
as the defendants were facing financial crisis but the defendants
will make the payment as and when the financial crisis of the
defendants will over. In spite of the assurance made by the
defendants, the defendants failed to pay the outstanding dues
and accordingly, the plaintiff has filed the suit.
3. After filing the suit, the plaintiff has taken steps for issuance of
writ of summons and the writ of summons was served upon the
defendants. Even after receipt of the writ of summons, the
defendants chose not to appear in the suit and accordingly, this
Court has placed the matter as undefended suit.
4. To prove the case, the plaintiff has examined the witness and
during evidence of the plaintiff's witness, altogether ten
documents have been exhibited. The plaintiff has disclosed
invoices which are appearing at page nos. 5 to 98 of the Judge's
Brief of Documents which show that the plaintiff had supplied the
materials. The plaintiff has also disclosed the ledger of each
financial year from 2017 to 2023 and finally it was found that
Rs.9,73,722/- is due and payable by the defendants.
5. The ledger account relied by the plaintiff is appearing at page 99
to 112 of the Judge's Brief of Documents which are marked as
Exhibit-C. From the ledger account it is found that time and
again there was closing balance and finally an amount of
Rs.9,73,722/- was due and payable. The plaintiff by a letter dated
10th April, 2024 called upon the defendants for payment of an
amount of Rs.9,73,722/- along with interest at the rate of 15%
per annum within 15 days from the date of receipt of the said
notice. On receipt of the notice, the defendants had sent a reply to
the plaintiff on 16th February, 2024 wherein the defendants had
stated that due to unforeseen circumstances, the defendants were
currently experiencing financial crisis which has made them
challenging to meet their financial obligation and informed the
plaintiff that the defendants will resolve the matter as early as
possible. By a letter dated 10th February, 2024, the plaintiff has
specifically called upon the defendants for payment of an amount
of Rs.9,73,722/- and the defendants had sent a reply but the
defendants had not denied with regard to the claim of the
plaintiff.
6. This Court also finds that the claim made by the plaintiff has
been duly proved by the plaintiff through the evidence of the
P.W.1 by exhibiting the invoices and the ledger account.
7. Considering the above, this Court finds that the plaintiff has been
able to prove that the plaintiff is entitled to get the amount of
Rs.9,73,722/- from the defendants. As regard the interest, there
is nothing in the invoice that if there is a delay, the plaintiff can
claim interest at the rate of 15% per annum but in the plaint and
in the affidavit of evidence it has been specifically claimed that if
the defendants fail to pay the amount within seven days from the
date of issuance of the invoice, the defendants will be liable to pay
interest at the rate of 15 % per annum. The plaintiff has supplied
the materials and the defendants have received the materials. The
defendants have paid some amount leaving aside Rs.9,73,722/-.
8. Considering the above, this Court finds that the transaction
between the plaintiff and the defendants is commercial in nature
and as such, the plaintiff is entitled to get interest at the rate of
10 % per annum from 28th November, 2022 till the realization of
the total amount.
9. The defendants are directed to pay the amount of Rs.9,73,722/-
along with interest at the rate of 10% per annum from 28th
November, 2022 till the realization of the total amount.
10. The department is directed to draw up the decree.
11. CS-COM/724/2024 is disposed of.
(KRISHNA RAO, J.)
RS
