Narayan Chandra Sil, J. - (1.) This is to consider a suit praying a decree for Rs. 1, 82, 300/- and interests with other related reliefs thereto.
(2.) The plaint case in brief is that the plaintiff carries on business as manufacturer and supplier of Gear Boxes, Couplings, Shafts and Machine Tools etc. under the name and style of R.K.P. Gear Industry as sole proprietor whereas the defendant is a manufacturer and dealer of engineering goods. An agreement was made between the parties whereby the plaintiff agreed to sell and the defendant agreed to buy from the plaintiff the parts of two Friction Reducing Gear Boxes including the Bearings as per agreed specifications rates and prices. The terms and conditions of sell are all incorporated in order No. SE/PUR/2127/317/E-1289 dated October 27, 1988 the duly sold authorised and Thereafter having relied upon the representatives and promise plaintiff representative of the defendant and acting in good faith, delivered to the defendant through its representative diverse parts of two Gear Boxes on October 27, 1988 under the invoice for Rs. 1, 45, 080/- inclusive of Central Sales Tax @ 4%. The price of the quantity of the materials yet to be supplied by the plaintiff to the defendant was Rs. 10, 000/-. The goods supplied to the defendant were received the them. The goods was duly received and accepted by the authorised agent of the defendant without raising any objection.. Invoices were issued against the supply and price was to be paid within 8/10 days from the date of invoice and in any event before November 5, 1988. But the defendant did not pay the amount for such supply. The balance quantity of the parts of the said two Gear Boxes including Work Wheels and Worm Shafts were duly manufactured, appropriated to the said contract and were made ready by the plaintiff by the second week of November, 1988 for supply to the defendant and the plaintiff requested the defendant to take delivery of said materials the upon making immediate payment. But instead of making the payment for the proforma invoice of the plaintiff and taking delivery of the said balance quantity of the material , the defendant by its letters dated December 23, 1988 and January 6, 1989 purported to cancel and/or repudiate the said agreement for sale for the said balance quantity of the materials and requested the plaintiff to raise a revised bill only for the quantity of materials already supplied by the plaintiff to the defendant. Thereafter the defendant demanded delivery without making any payment of the materials of the balance already supplied. Thus the defendant has wrongfully and illegally cancelled and/or repudiated the said agreement for sale which is not binding upon the plaintiff. The said balance quantity of materials are still lying with the plaintiff at the risk and responsibility of the defendant and are being, reduced into junk. The price of such balance materials is Rs. 10, 000/- which the defendant is liable to pay. It is also stated that the price of materials already supplied and sold by the plaintiff to the defendant is Rs. 1, 34, 680/-. In the circumstances, the present suit arose.
(3.) The record goes to show that although the defendant appeared appropriate stage of the suit on receipt of summons subsequently despite several opportunities given to the defendant the suit was not contested. The record further goes to show that the defendant not even filed affidavit of documents. Order dated 12.8.2004 goes to show that an opportunity was given to the defendant to furnish show cause as to why the defence shall not be struck out. But that was also not submitted although several opportunities were given on that count. Accordingly by order dated 29.9.2004 the defence made out in the written statement filed by the defendants was struck out. In the circumstances, the suit was taken up disposal as an undefended suit.;