MOUSHUMI BHATTACHARYA - (1.) The instant suit is for a decree for a sum of Rs.32,93,955.93/- on account of unpaid price of Steel Materials sold and delivered by the plaintiff to the defendant pursuant to purchase orders placed on the plaintiff by the defendant.
(2.) The case made out in the plaint in this; two purchase orders were placed by the defendant upon the plaintiff on 15th December 2015 and 16th December 2015 which were sent by the defendant to the plaintiff by e-mail. The goods covered by the agreements were duly delivered to the defendant in terms of the purchase orders. The goods were in fact collected by the defendant from the site of the plaintiff. Upon effecting supply of the goods, the plaintiff contemporaneously raised bills upon the defendant for an aggregate sum of Rs.35,30,218.00. These original bills are presently lying in the custody of the defendant as the said bills were made over to the defendant along with the goods mentioned in the purchase orders. The defendant made part payments amounting to Rs. 10,00,000/- against the total value of the bills which were made on 15th April 2016 and 29th April 2016. Besides the amount paid by the defendant, a cheque of Rs. 18,00,000/- approximately was deposited by the defendant but was dishonoured and returned by the concerned Bank namely Oriental Bank of Commerce, Burrabazar Branch. The payment of Rs. 18,00,000/- (approx) was for the period 11th April 2016 to 31st May 2016. The respective statements of the Bank on 25th May 2016 shows credit of a sum of Rs.18,67,188/- and another reflecting debit of the same amount with the note "Payment stopped by drawer". The plaintiff claims that after adjustment of the payments made by the defendant, a sum of Rs. 25,30,218/- is due and payable by the defendant to the plaintiff under the said bills. The plaintiff has claimed interest @ 24% per annum with effect from 30/21 days after the date of supply till 31st March 2017 which amounts to Rs.7,63,737/-. The claim on account of interest is based on the stipulation contained in each of the bills raised by the plaintiff which provides that "Interest will be charged at the rate of 24% per annum if Bill not paid on presentation".
(3.) The plaintiff initially called upon the defendant to clear the outstanding dues by personally visiting the office of the defendant but was later constrained to issue a legal notice upon the defendant through his advocate-on-record on 12th August 2016. The said notice was sent to the Registered office of the defendant by registered post with acknowledgement due and was received by and/or received on behalf of the defendant on 31st August 2016 as would appear from the acknowledgement due card.;