ASHIS KUMAR CHAKRABORTY, J. - (1.) The plaintiff has filed the suit claiming a decree for a principal sum of Rs.11,43,500/- together with interest thereon at the rate of 18% per annum from the date of each of the invoices till actual realisation. In the plaint it is the case of the plaintiff that it carries on business of processing and trading of agricultural commodities/goods. In the usual course of business in the year 2009 the plaintiff was approached by the defendant no.2 who was then carrying on business under the name of style of M/s. Jay Narayan Shaw as a sole proprietor thereof for obtaining supply of various quantities of agricultural commodities. The plaintiff has received payments for the agricultural goods supplied by it to the said proprietorship firm of the defendant no.2. Subsequently, the said proprietorship business of the defendant no.2 was converted into a partnership business of defendant no.1 of which defendant nos.2 and 3 are the partners. According to the plaintiff, at the request of the defendants, during the period from March 2011 to July 2012 it supplied various quantities of agricultural products/goods (hereinafter referred to as "the said goods") to the defendant no.1 partnership firm. It was the representative of the defendant no.1 who obtained delivery of the said agricultural goods supplied at the mill of the plaintiff at Ranihati in the district of Howrah. The delivery of the said goods by the plaintiff to the defendant no.1 during the said period March 2011 to July 2012 is evidenced by the challans issued by the plaintiff and received by the defendant no.1. From time to time, the plaintiff also raised the invoices upon the defendant no.1 the price of said goods supplied to the plaintiff and the same were received by the defendant no.1.
(2.) However, after making certain payments, the defendant no.1 failed to make payment of all the tax invoices issued by the plaintiff. As on July 9, 2012 the defendant no.1 was in default of payment of Rs.11,68,500/- on account of the said goods sold and delivered by the plaintiff. In a meeting held on July 9, 2012 between one of the directors of the plaintiff and the defendant no.3, one of the partners of the defendant no.1, the latter admitted the outstanding dues of the defendant no.1 of Rs.11,68,500/- to the plaintiff and assured the plaintiff to make payment of the said dues. However, after making payment of Rs.25,000/-, the defendant no.1 failed to pay the balance outstanding dues of Rs.11,43,500/-.
(3.) By a letter dated February 21, 2014, the plaintiff through its advocate called upon the defendants to make payment of the said sum of Rs.11,43,500/- together with interest thereon, but the same revoked no response from any of the defendants. Thus, in view of the failure of the defendants to pay the said outstanding of Rs.11,43,500/-, the plaintiff has filed the present suit.;