SAHIDULLAH MUNSHI,J. - (1.) The Court : This suit by the plaintiff is for a decree for a sum of Rs.3,00,87,288/- (Rupees Three Crore Eighty Seven lakh Two Hundred Eighty Eight) only, inclusive of interest being Rs.1,02,56,779/- (Rupees One Crore Two Lakh Fifty Six Thousand Seven Hundred Seventy Nine) only, computed @ 18% per annum with effect from 1st May, 2014 till 19th September, 2016. According to the plaintiff's calculation in paragraph 9 of the plaint, the principal amount receivable by the plaintiff is Rs.1,98,30,569/- (Rupees One Crore Ninety Eight Lakh Thirty Thousand Five Hundred Sixty Nine) only, together with interest at the above rate is Rs.1,02,56,779/- (Rupees One Crore Two Lakh Fifty Six Thousand Seven Hundred Seventy Nine) only.
(2.) Summons were received by the defendant on 9th December, 2016 as revealed from the report filed by the Deputy Sheriff on 8th December, 2017, but no one entered appearance on behalf of the defendant. By an order dated 16th March, 2017 the matter was placed for hearing in the category of undefended suit. Accordingly, the suit was taken up for hearing. No one appeared to represent the defendant even in the second call. The matter was taken up for hearing as it was placed in the ex parte board as undefended suit. Facts relating to the plaint may be summarized as follows : (i) The plaintiff, inter alia, was engaged in the business of manufacture and sale of galvanized pipes of diverse specifications. The plaintiff is one of the largest manufacturers of G.I. pipes of Eastern India. The defendant required G.I. pipes in usual course of its activities and placed a supply order upon the plaintiff bearing no.M- 1101/12/2010-E-IN-C/PHE/65, dated 6th November, 2013 upon the plaintiff for supply of G.I. pipes of diverse specifications. Supply order was received and accepted by the plaintiff at the plaintiff's office at 23A, Netaji Subhas Road, Kolkata - 700001, within the jurisdiction of this Court. (ii) An agreement to supply the goods mentioned in the said supply order was executed between the parties at the plaintiff's registered office. (iii) Plaintiff sold and delivered to the defendant G.I. pipes of the specifications mentioned in the said supply order. Accordingly, goods were sold and delivered to Khawzawl-796310, Mizoram, outside the jurisdiction of this Court. Plaintiff has given the particulars of such supply in the schedule annexed to this plaint. Plaintiffs have also annexed documents in support of delivery of goods. (iv) Goods have been received, accepted and appropriated by the defendant. Plaintiff, therefore, raised 22 several invoices upon the defendant for a total value of Rs.1,98,30,509/- (Rupees One Crore Ninety Eight Lakh Thirty Thousand Five Hundred Nine) only. Particulars of such invoices have also been furnished in the plaint. Said invoices were received by the defendant at Khawzawl-796310 of Mizoram, outside the jurisdiction of this Court and such invoices have also been furnished with the plaint. (v) The defendant received and accepted the invoices without any objection, demur or protest. The defendant failed to make payment of the said sum mentioned in the invoices or part thereof. Several requests were made by the plaintiff which would appear in plaintiff's letters dated 2nd September, 2014, 2nd February, 2015, 21st May, 2015, 5th August, 2015, 27th August, 2015, 15th September, 2015, 24th September, 2015, 12th October, 2015 and 31st October, 2015. Plaintiff, through its advocate, sent letter dated 3rd June, 2016 to the defendant requesting it to make payment of the outstanding amount. Defendant failed and neglected to make payment thereof. Plaintiff had furnished the aforesaid letters and their acknowledgment receipts.
(3.) In such background of the matter the plaintiff has made out a case that as on 19th September, 2016, when the plaint was verified, the plaintiff was entitled to a principal sum of Rs.1,98,30,509/- (Rupees One Crore Ninety Eight Lakh Thirty Thousand Five Hundred Nine) only. According to the plaintiff, the defendant was liable to pay interest @ 18% per annum calculated from 1st May, 2014 till 19th September, 2016 and the same would amount to Rs.1,02,56,779/- (Rupees One Crore Two Lakh Fifty Six Thousand Seven Hundred Seventy Nine) only. Therefore, according to the plaintiff, together with interest a sum of Rs.3,00,87,288/- (Rupees Three Crore Eighty Seven Thousand Two Hundred Eighty Eight) only, was due and payable by the defendant to the plaintiff.;