Moushumi Bhattacharya, J. - (1.) This is a suit for a decree of Rs. 51,48,706/- for unpaid price of goods transported by the defendant for the plaintiff.
(2.) The case made out in the plaint is as follows: The plaintiff is a common carrier of diverse types of goods. The defendant is a producer and exporter of food products including rice and wheat. Between December 2015 and June 2016, pursuant to discussions between the plaintiff and the defendant, the plaintiff agreed to transport different types of food products by road from the defendant's company/works in Delhi and Gurgaon to various destinations within the country. The defendant promised to pay the freight charges for transportation of goods to the plaintiff upon submission of Bills/Invoices by the latter. Based on such assurance of the defendant, the plaintiffs between 21st December, 2015 and 5th June, 2016, transported diverse types and quantities of food products by road as a common carrier from the defendant's works to different destinations within the country under 140 Consignment Notes/Lorry Challans. The defendant accepted such transportation without raising any objection at any material point of time. Upon effecting delivery of the goods to the different consignees between 29th December, 2015 and 2nd July, 2016, the plaintiff raised 140 Bills/Invoices towards freight charges for such transportation of goods for a total sum of Rs. 56,91,516/-.
(3.) The plaint contains a schedule of particulars of the Bills/Invoices raised between 29th December, 2015 and 2nd July, 2016. The defendant received and acknowledged each of the said Bills/Invoices without raising any objection. The defendant also made part payments of a total sum of Rs. 10,10,600/- to the plaintiff by way of five cheques between 19th May, 2016 and 26th September, 2016. The defendant deducted a sum of Rs. 900/- from the total freight charges as billed by the plaintiff and issued a debit note/debit advice to the plaintiff for the said sum of Rs. 900/-. The plaintiff therefore gave credit of Rs. 10,10,600/- + Rs. 900/- totalling to Rs. 10,11,500/-. The plaintiff states that after giving credit for the part payment of Rs. 10,11,500/-, there is still due an owing from the defendant to the plaintiff the balance sum of Rs. 46,80,016/-, which the defendant has failed and neglected to pay. The plaintiff made several demands on the defendants in writing through electronic mail for payment of the outstanding amount. Upon reconciliation of amounts, the defendant by three electronic mails dated 13th September, 2016, 15th September, 2016 and 22nd December, 2016, unconditionally admitted that a sum of Rs. 45,40,483/- is due and payable by the defendant to the plaintiff and a sum of Rs. 1,39,533/- is payable by way of TDS and reduction from freight charges totalling to Rs. 46,80,016/-. In spite of the aforesaid admission of indebtedness made by the defendant, the defendant has failed and neglected to make payment of Rs. 46,80,016/- or any portion thereof till the date of institution of the instant suit. By a notice of demand dated 5th October, 2016 addressed by the plaintiff's advocate to the defendant, the plaintiff demanded the sum of Rs. 46,80,016/- together with interest calculated at the rate of 12% per annum from the date of the respective bills until payment thereof by the defendant. In spite of the receipt of such receipt by electronic mail dated 22nd November, 2016, the defendant failed and neglected to make payment of the said sum.;