Moushumi Bhattacharya, J. - (1.) The instant suit is on account of unpaid price for goods sold and delivered by the plaintiff to the defendant. The plaintiff has claimed a decree for a sum of Rs.3,59,43,670/- together with interim interest and interest upon judgment at 18% per annum.
(2.) The case made out in the plaint is that the plaintiff is engaged in the business of manufacture and sale of PVC pipes and fittings and has acquired a substantial goodwill in this line of business. The defendant approached the plaintiff requiring various types of PVC pipes and fittings and placed orders on the plaintiff for supply of several quantities of the aforesaid goods of required specifications. The plaintiff caused the goods of specifications as given by the defendant and delivered the same to the defendant of a total amount of Rs.3,92,96,670/- (Rupees Three Crores Ninety Two Lakhs Ninety six thousand Six Hundred Seventy) in January 2014. The plaintiff raised invoices for the goods delivered to the defendant together with copies of the challans showing receipt of the goods as delivered to the defendant. The defendant received the goods supplied by the plaintiff without any demur or protest but failed and neglected to pay the amount raised under the invoices despite repeated requests. The arrangement for payment under the transaction was maintained by way of a mutual open current running and continuous account where payments received on ad hoc basis from the defendant were given due credit without reference to any particular invoice and the amount was debited from the account for the payments made. The total amount of goods sold and delivered by the plaintiff to the defendant in January 2014 stood at Rs.3,92,96,670/- and the total payments made by the defendant for such deliveries amounted to Rs.33,53,000/- (Rupees Thirty Three Lakhs Fifty Three Thousand). A sum of Rs.3,59,43,670/- is therefore due and payable by the defendant to the plaintiff (and is the decretal amount claimed). The plaint refers to a schedule of a statement of the payments received by the plaintiff from the defendant from time to time against the goods supplied and a balance of Rs.3,92,96,670/- being outstanding from the defendant. The plaintiff caused a notice issued through its advocate to the defendant on 31st August 2016 calling upon the defendant to pay the outstanding dues with interest. Despite such notice, the defendant did not take any steps to repay the dues of the plaintiff. The instant suit was filed on 1st October 2016.
(3.) The material disclosed in the plaint shows that the suit is maintainable as the plaintiff's claim for the dues against the defendant is not barred by limitation. The defendant is carrying on business within the jurisdiction of this Court and therefore this Court is vested with the jurisdiction to try the instant suit.;