DEBANGSU BASAK, J. - (1.) THE plaintiff claims compensation on account of breach of contract by the defendant. This is the Second suit between the parties. In the previous suit being C.S. No. 317 of 1997 the plaintiff claimed compensation on a conduct of breach of a different contract.
(2.) THE parties entered into a contract in which the plaintiff agreed to provide assistance to the defendant for commissioning of electrostatic precipitator unit no. 2 at Madhya Pradesh. The parties agreed that the wok will be completed within 180 days from the date of handing over site. The defendant agreed to provide all contract materials free of cost as also other provisions. The plaintiff claims that the defendant did not provide the materials within hundred and 80 days. The plaintiff claims that due to the defaults of the defendant, the plaintiff was made to expend nearly four years to execute a contract which was to be completed within 180 days. The plaintiff claims compensation on account of the delay caused by the defendant.
(3.) THE plaintiff applied for examination of its witness on commission. The application was moved upon notice and was allowed by an Order dated July 31, 2014. The plaintiff duly adduced evidence before the Commissioner. In spite of notice, the defendant did not appear before the Commissioner. The witness of the plaintiff was not cross -examined by the defendant. The defendant did not produce any witness at the hearing of the suit. On the date of hearing of the suit, the learned Advocate for the defendant submitted that, the defendant was yet to execute any Vakalatnama in her favour. The suit was heard finally. On the conclusion of the hearing I posted the suit to allow the plaintiff to file a written notes on arguments. On such date an Advocate claiming to appear for the defendant wanted to file a written notes on arguments. The same was not allowed in absence of the Court being apprised as to the filing of the Vakalatnama on behalf of the defendant. In any event, no argument was advanced at the hearing on behalf of the defendant for the defendant to file any written notes on argument.;