PABITRA KUMAR BASU AND ORS. Vs. THE CALCUTTA MUNICIPAL CORPORATION
LAWS(CAL)-2015-2-59
HIGH COURT OF CALCUTTA
Decided on February 23,2015

Pabitra Kumar Basu And Ors. Appellant
VERSUS
The Calcutta Municipal Corporation Respondents

JUDGEMENT

Debangsu Basak, J. - (1.) THE plaintiffs seek recovery of price of goods sold and delivered and refund of security deposits as well as interest on these two heads of claims from the defendant.
(2.) THE plaintiffs claim to have responded to a tender floated by the defendant. The plaintiffs claim to have sold and delivered goods to defendant and to have put in security deposit with the defendant. The plaintiffs claim that they have raised seven bills on the defendant for an aggregate sum Rs. 1,40,96,000/ -. In spite of demands the defendant did not pay the same. The plaintiffs refer to a suit being C.S. No. 259 of 1998 filed by the defendant in the Court where the defendant claims a decree of declaration that the plaintiffs are entitled to receive from the defendant a sum of Rs. 31,55,740/ -. The defendant has filed a written statement denying the material allegations. The defendant contends that the plaintiffs have overcharged the defendant. The defendant admits the transactions. However, it disputes the value of the transaction. It claims that it had paid a sum of Rs. 2,96,000/ - and that a sum of Rs. 31,55,740/ - only remains payable by it to the plaintiffs.
(3.) THE plaintiffs have adduced evidence and have produced one witness who was examined and cross -examined. The defendant has produced one witness who in the course of examination -in -chief did not make himself available for further examination. The examination of the witness of the defendant was closed on February 19, 2015 for the reasons and under the circumstances as recorded in the Order dated February 19, 2015.;


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