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Judgment
Debangsu Basak, J
By this application, the plaintiff, in a suit for recovery of price goods sold and delivered, seeks a judgment and decree against the defendant for a sum
of Rs.47,64,175.15 as detailed in paragraph 28 of the application.
Learned advocate appearing for the plaintiff submits that, the plaintiff sold and delivered vegetable oils to the defendant pursuant to the three several
purchase orders placed by the defendant upon the plaintiff. The plaintiff raised three several bills upon the defendant. The defendant received the
goods and the bills without raising any demurer or objection. The defendants made part payments aggregating to a sum of Rs.31,06,905/- towards
discharge of its liability of the invoice amount. The remaining principal amount of Rs.22,46,524/- is yet to be paid by the defendant. The plaintiff is
entitled to interest at the rate of 24% per annum. Therefore, there should be a decree for the sum as claimed. She points out that, the defendant did
not raise any defence to the claim of the plaintiff. The defendant is claiming that there are talks of settlement. According to her, there are no talks of
settlement.
The defendant is represented. Learned advocate for the defendant submits that talks of settlement are continuing.
On the previous date when the application was taken up for consideration, the parties were allowed time to settle the disputes out of Court. Today the
Court is informed that there is no settlement arrived at.
The plaintiff sold and delivered the goods to the defendant pursuant to the purchase orders placed by the defendant upon the plaintiff. The plaintiff
raised three several invoices upon the defendant aggregating to a sum of Rs.53,53,429/. The defendant made several part payments commencing from
April 28, 2014 till January 10, 2015 aggregating to a sum of Rs.31,06,905/- leaving a principal amount of Rs.22,46,524/- due and payable. The accounts
between the parties being running, current and continuous and the last part payment being made on January 10, 2015 and the suit being filed in 2017,
the claim of the plaintiff is within the period of limitation.
There are being no defence by the defendant, the plaintiff is entitled to a judgment and decree in the present application. There will be a decree for a
sum of Rs.22,46,524/- as against the defendant being the outstanding principal invoice amount. There will be a decree for interest at the rate of 12%
per annum commencing from the date of the first invoice of the plaintiff until full payment thereof. The plaintiff is entitled to interest at the rate of 12%
per annum, in view of the fact that, the transactions between the parties are commercial in nature and that, the nationalized banks charges interest at
rates not less than such rate in respect of commercial transactions.
C.S. No. 191 of 2017 is decreed accordingly.
The department will draw up the decree expeditiously.
GA No.3247 of 2018 is disposed of.