SOUMEN SEN,J. - (1.) The Court: This is an application for judgment on admission of Rs. 1,93,81,356/-. The claim is arising out of a price of goods sold and delivered. The petitioner is the un-paid seller. The petitioner has claimed to have sold, supplied and delivered an aggregate quantity of approx 198.67 MT of "Soya DOC" and approx 5020 MT of Maize to the respondent pursuant to purchase orders issued by the respondent No. 1. The petitioner claims that the goods were duly accepted by the respondent without any dispute. The petitioner has claimed that between February 25, 2015 and September 03, 2015 the petitioner had raised 120 invoices for an aggregate sum of Rs. 7,93,42,862/- and has furnished details of the invoices raised for the said period. It is stated that the respondent No. 1 from time to time between March 2015 and October 2015 made part payments aggregating to Rs. 5,89,35,769/- and after giving credit for the aforesaid a sum of Rs. 2,04,07,093/- remained outstanding. The respondent No. 1 in acknowledgement of its liability had issued cheques from time to time. By the letter dated 19th December, 2015 the respondents equivocally and unconditionally acknowledged its liability to the petitioner on account of principal and interest and issued and/or caused to be issued 6 cheques aggregating to Rs. 1,85,56,540/- towards principal dues and 4 cheques aggregating to Rs. 18,48,442/- towards interest on account of delayed payments. Two of such cheques for Rs. 39207/- and for Rs. 4,50,694/- were issued by the respondent No. 2. While one cheque aggregating to Rs. 10,23,626/- was honoured on presentation, the remaining cheques aggregating to Rs. 1,93,81,356/- were all dishonoured on presentation from time to time and returned with the remarks "Funds Insufficient". It is stated that in spite of repeated demands and reminders the respondent had failed and neglected to pay the outstanding dues. The petitioner, accordingly, filed a suit claiming a decree for Rs. 2,72,64,969/- and has filed this application for judgment upon admission on the basis of the acknowledgement debt reflected from the letter dated 19th December, 2015. After various opportunities were given to the respondent an affidavit in opposition was filed by the respondent. In the affidavit in opposition the transactions are not disputed. There has been only bald denial without any substance. There is no explanation as to why the cheques were issued and the necessity to issue the letter dated 19th December, 2015. There is no dispute that the defendant has accepted the goods and have not paid a sum of Rs. 1,93,81,356/-. The issuance of the cheques are not being denied. The issuance of the cheques clearly goes to show that the defendant has acknowledged its liability and there is nothing on record to show that the said cheques were issued under duress or any other circumstances which could raise a suspicion in the mind of the Court that either the transactions are not genuine or there is no liability to discharge. The defendant has accepted and consumed the goods but did not pay the price of the goods to the plaintiff. On such admitted facts as emanated from the pleadings as well as from the letter dated 19th December, 2015 there shall be a decree for a sum of Rs. 1,93,81,356/-. The defendant has disputed that there is no agreement on interest. It is not in dispute that there is no agreement on interest to be paid by the buyer to the seller for the periods in question. However, having regard to the commercial nature of the transaction and the plaintiff having left the matter to the discretion of the Court, the aforesaid sum shall carry interest at the rate of 10% per annum from July 2016 until payment. However, in the event a sum of Rs. 1.95 crores is paid within a period of 60 days from date the rate of interest as directed earlier in this order would not be required to be paid and the plaintiff shall accept the said amount in full and final satisfaction of the claim in the suit.
(2.) This order virtually disposed of the suit. The suit is treated on the day's list and decreed accordingly.
(3.) GA No. 331 of 2018 is disposed of. The suit is decreed. The department shall draw up the decree as expeditiously as possible. The affidavits filed by the parties are kept with the record.;