SOUMEN SEN,J. - (1.) This is an application for judgment upon admission, in the alternative attachment before judgment. By an earlier order dated 20th August, 2018, the time to file an affidavit in answer to the show cause was extended till the adjourned date. The respondent is represented and filed an affidavit disputing the claim of the plaintiff.
(2.) The judgment upon admission is based on a communication dated 18th September, 2017 by which respondent has requested the plaintiff to address a letter to its banker namely Bank of India, Kolkata Main Branch to the effect that the defendant owes US$ 1,97,719.72.
(3.) The claim is arising out of International Distributor Agreement in relation to Fluid Power Products specifically mentioned in Schedule A to the agreement dated 15th July, 2005 by which the defendant was appointed an exclusive distributor of the products in the territory mentioned in the said agreement. The agreement was initially for a period commencing from 15th July, 2005 to 31st July, 2009 and thereafter the said relationship continued. The plaintiff has stated that the respondent continued to place purchase orders on the petitioner after the expiry of the said period and the same was done on a principal to principal basis. The claim is arising out of the products supplied to the respondent after the expiry of the agreement. The plaintiff has relied upon the email dated 18th September, 2017 in which the respondent while admitting its dues have requested the plaintiff to issue a letter to its Branch Manager. The said email as is appearing at page 180 of the petition dated 18th September, 2017 is reproduced. From: Jain Trading Company Sent: Monday, 18 September, 2017 7:17PM To: Di Lieto, Giuseppe Subject: Letter Required By Bank For Making The Payment [External Email] Dear Mr. Giuseppe, Refer to the discussions have had with you, we require the following letter on SPX, Singapore Letter Head addressed to our Bank. To The Branch Manager, Bank Of India, Kolkata Main Branch, 23A N.S Road, Kolkata - 700 001 India We SPX Hydraulic Technologies, Singapore is having a Due Payment of US$ 1,97,719.72 with M/s. Jain Trading Company, Shangri-la, 119A, Ripon Street, Kolkata - 700 016 against the materials supplied to M/s. Jain Trading Company, Kolkata. You are requested to please allow M/s. Jain Trading Company, Kolkata to clear our payment. No interest will be applicable.;