Calcutta High Court
Essel Mining And Industried Ltd vs T. T. Investment Pvt. Ltd on 13 November, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA 963 of 2012
WITH
CS 197 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ESSEL MINING AND INDUSTRIED LTD.
Versus
T. T. INVESTMENT PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 13th November, 2018.
Appearance:
Mr. Chayan Gupta, Adv.
Mr. Piyush Agarwal, Adv.
Mr. Anirban Kar, Adv.
Ms. Nibedita Mukherjee, Adv.
The Court: This is an application under Chapter XXXIX of the
Original Side Rules of this Court for a summary judgment.
The claim in the suit is arising out of price of goods sold
and delivered that has remained unpaid till date. The petitioner
has disclosed two cheques purported to have been issued by the
respondent towards consideration of the price of the goods sold
and delivered, which however were dishonoured on presentation due to insufficient fund. The petitioner has disclosed the two cheques and the communication received from the bank.
Proceedings under Section 138 of the Negotiable Instruments Act are pending before the Chief Metropolitan Magistrate, 2 Bankshall Court. Mr. Kar has submitted that in the said proceedings the parties have arrived at a settlement by which the respondent had agreed to pay off the amounts covered by the two dishonoured cheques in suitable installments. The learned Counsel representing the plaintiff however denied the existence of such settlement between the parties. Under such circumstances, the Court has to proceed on the basis of the averments made in the petition and treat such averments as true and correct for the purpose of deciding this application. Mr. Kar submits that the indulgence shown to his client by the Bankshall Court in allowing payment of the consideration amount in suitable installments may also be considered by this Court.
There is no dispute that a sum of Rs.13,68,633/- is due and payable by the respondent to the petitioner towards the price of goods sold and delivered by the petitioner to the respondent. In absence of any challenge thrown to the statements made in the petition, the contention of the petitioner that the goods were supplied to the respondent under two invoices should be accepted to be correct. In view thereof, there shall be a decree for a sum of Rs.13,68,633/- together with interest @ 8% per annum on and from September, 2011 till October, 2018. The entire decretal dues shall be paid in 15 equal monthly installments commencing from 7th December, 2018 and shall be paid by 7th of each succeeding month, failing which there shall be a decree for a sum of Rs.29,46,336/- together with interest @ 8% per annum on the said sum from the date of institution of the suit until realisation. 3
The department is directed to draw up the decree as expeditiously as possible.
GA 963 of 2012 is disposed of accordingly.
Since this order virtually disposes of the suit, by consent of the parties the suit is also treated on the day's list and disposed of on the aforesaid terms.
CS No. 197 of 2011 is decreed.
(SOUMEN SEN, J.) R.Bhar