ASSOCIATED CEMENT COMPANIES LTD Vs. G.S. FERTILISERS PVT. LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 7.2.2014 wherein the appellant -defendant was directed to pay certain amounts claimed by the respondent -plaintiff. The facts that lead to the filing of the suit are as under.

(2.) THE plaintiff has led oral evidence but the appellant -defendant did not examine any one on their behalf. In appraisal of material, the learned Judge opined that the plaintiff was entitled for the claims made in the suit as per the oral and documentary evidence brought on record. Further, 12 (twelve) per cent interest was awarded on and from the respective dates from which the plaintiff was found to be entitled to the respective amounts from the appellant -defendant till realisation.

(3.) AS against this, learned Counsel arguing for the respondent -plaintiff took us through the Annexures A, B, C and D and contended that in the absence of any response indicating acceptance or rejection, so far as Annexure B is concerned, the letter dated 24.10.1997 addressed by the plaintiff to the defendant would indicate, there was a concluded contract so far as the price is concerned. Hence, there was no justification in placing reliance on certain admissions made by the witness which were out of context while answering questions during the cross -examination. According to learned Counsel, the documents clearly indicate, Annexure A is an offer and Annexure B was acceptance indicating on what terms they concluded the contract and in the absence of any further correspondence and especially receipt of cheque for Rs. 3,00,000/ - (Rupees three lakhs) without any objection, it would only indicate Annexure B was the concluded contract entered into between the parties. So far as admissions under Section 58 of the Evidence Act, he contends that unless there are pleadings to that effect, no amount of evidence brought on record through the evidence that is with regard to the period of two months would be of any assistance to defendant. So far as rate of cement; the admissions made in the evidence by the witness cannot be relied upon.