- (1.) THE present suit has been filed by the plaintiff praying for payment of the due amount from the defendants in respect of supply of various qualities and quantities of Tea along with interest and costs.
(2.) THE plaintiff 's case in brief is that it is a broker member of the Calcutta Tea Traders Association, while defendant No.1 is a partnership firm and a registered buyer under The Calcutta Tea Traders Association and the defendant No. 2 to 6 are the partners and acting as partners in control of the affairs of the defendant No. 1. Plaintiff duly sold and delivered diverse qualities and quantities of Tea to the defendant No. 1 firm in the Calcutta auction sale as it was the highest bidder at the said auction sale being conducted under auspicious of Calcutta Tea Traders Association. Defendant No. 1 also took delivery of the said Tea purchased. Plaintiff duly raised bills and invoices in respect of the said sales and submitted the same to the defendant firm which the latter received and accepted. The defendants issued a cheque on account of one sale No. 22 covering bill No. L-1026 for a sum of Rs. 8,19,945.41 in favour of the plaintiff drawn on Punjab and Sindh Bank, 27/5, Waterloo Street, Calcutta, but upon presentation of the said cheque it was dishonoured and returned with the remark "exceeds arrangements " on the ground that full cover was not received from the defendant firm by the banker. Plaintiff has already initiated a criminal proceedings against the defendants under Section 138 of the Negotiable Instruments Act in this regard after refusal of the defendants to pay the same despite several requests. Defendants also failed and neglected to pay the other amounts due against Bill Nos. L/1164 dated 22.06.1999, L/1275 dated 21.06.1999, L/ 1370 dated 28.06.1999 and 446 dated 30.06.1999 for which a total amount of Rs. 29.09,031.58 is due from the defendants and accordingly the present suit has been filed. P.W.1, the Junior Assistant of the plaintiff firm, on the basis of his unchallenged testimony and on the basis of the documents filed which have been marked and exhibited in the present case, has proved that the defendants in spite of receipt of the various qualities and quantities of Tea purchased by them in the Calcutta Tea Auction from the plaintiff failed and neglected to pay the amounts raised in the bills which were duly received by them. In fact Exhibit- C the letter of the defendant firm addressed to the plaintiff admits that the amount of Rs. 29.09,031.58 is due to the plaintiff from them in respect of the purchase made in the auction sale. The suit accordingly succeeds ex-parte. Plaintiff do get a decree for Rs 29,09,031.58 along with interest @ 10% p.a. from the date of institution of the suit till payment. Plaintiff do further get a decree for costs. Urgent Photostat certified copy of this order if applied for, be supplied by the department upon compliance of the necessary formalities.;