Shekhar B. Saraf, J. - (1.) The plaintiff is a company incorporated under the Companies Act, 1956, with its registered office at 107, Stephen House, 4E, B.B.D. Bag, 6th floor, Kolkata- 700 001. It is engaged in the business of supply and export of minerals, including iron ore fines. The defendant is a partnership firm and a member of the Archean Group of Chennai, engaged in the supply of various minerals, including iron ore fines, with its registered office in Odisha. The plaintiff had been purchasing iron ore fines since 2009 from various suppliers, including the defendant, for exporting the same. It is alleged by the plaintiff that it had an oral agreement with the defendant whereby the plaintiff would make advance payments to the defendant in exchange for the supply of the materials at the prevailing market rates. The said agreement was finalized on 16th December2010 at the plaintiff's office.
(2.) The plaintiff claims to have made a payment of 1,36,39,520/- on various dates by RTGS, which was received by the defendant. After receiving such payment, the defendant supplied material worth 82,82,604/- between December 2010 and February 2012. Thereafter, the defendant did not supply the due material worth 53,56,916/-. Pursuant to this, it was agreed between the plaintiff and the defendant that the balance amount would be repaid to the plaintiff by the defendant. However, the plaintiff has alleged that such payment was never made and this sum is still due. The plaintiff claims to have requested for the release of the amount due on various occasions, including a letter sent on 7th May 2013, which requests for the sum payable along with 18% interest p.a. The defendant sent an acknowledgement on 9th July 2013 that 53,56,916/- was outstanding in their books as on 31st March 2013. On 14th January 2016, the plaintiff again requested the defendant to pay the outstanding amount along with interest and received a reply from the defendant on 19th March 2016 wherein the defendant acknowledged the amount due and expressed willingness to pay. The plaintiff's advocate replied to this letter on 16th May 2016, claiming the sum along with interest at 18% p.a. The plaintiff claims that this letter was received by the defendant on 21st May 2016, but the defendant did not pay the remaining amount. The plaintiff has, thus, instituted this suit against the defendant praying for a decree for a sum of 96,96,017.96/-, which includes the principal sum due and interest at the rate of 18% p.a. calculated from 3rd February 2012 to 31st August 2016. The plaintiff has also prayed for further interest pendente lite and from the date of decree to the date of payment.
(3.) The report of the Deputy Registrar (Court and Judicial), dated 18th December 2017, revealed that the defendant had entered appearance through Advocate Sarada Hariharan. However, the Deputy Registrar certified on 10th January 2018 that no written statement had been filed by the defendant until that date. Thus, by an order of this court, dated 6th February 2018, the matter was fixed for hearing as 'Undefended Suit'.;