Calcutta High Court
I.T.C.Ltd vs Sicon Seafood & Ors on 17 August, 2009
Author: Sengupta
Bench: Sengupta
GA No. 1937 of 2000
CS No. 476 of 1999
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
I.T.C.LTD. Plaintiff/Petitioner/Applicant
Versus
SICON SEAFOOD & ORS. Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE SENGUPTA Date : 17th August, 2009.
The Court : In spite of notice being served, none appears to oppose this application.
Indeed on 6th November, 2008 learned Counsel appearing on behalf of the defendants sought leave to retire from this case for the lack of instructions. Hon'ble Justice Patherya on that date granted leave to retire. Her Lordship also asked Mr.Dipayan Cowdhury to serve notice upon the defendants. As he has not come forward it is not known whether he has served or not. I feel when I find no appearance on behalf of the defendants this matter cannot be kept pending for decision.
The present application has been taken out for a final judgment for a sum of Rs.50,23,995.15P and together with interest at the rate of 18 per cent per annum from 28th December, 1998 till payment.2
I have gone through the plaint annexed to this application and also the affidavit. It appears that the claim in this suit is arising out of the goods sold and delivered. The defendants are supposed to supply frozen marine food products to the plaintiff and the plaintiff from time to time made payment and the accounts were maintained by both the parties mutually.
Upon going through the accounts it was found that a sum of Rs.44,85,709.95P was due and payable by the defendant to the plaintiff and a document has been annexed to this affidavit showing confirmation of the account. Thereafter a letter of demand was sent by the learned Advocate-on-Record of the plaintiff to the defendants. The first defendant in reply to the said letter has admitted the sum of Rs.11,52,230.81P is due and payable. However, it would be unsafe to pass any judgment on the amount as prayed for by the plaintiff at this stage. But this Court can safely pass judgment finally on the said sum as admitted by the letter of the defendant company dated 3rd February, 1998. As the statements and allegations contained in the affidavit have not been denied and disputed and nothing has been said against the genuineness of the said letter written by the defendants in the reply to the letter addressed by the Advocate-on-Record of the plaintiff, there will be a final judgment and decree for the sum of Rs.11,52,230.81P and there will be interim interest at the rate of 18 per cent per annum from 3rd February, 1998 till the date of filing of the suit. 3
There will be decree for interim interest and interest on judgement at the rate of 10 per cent per annum till realisation. Rest of the claim of the plaintiff is to be tried at the time of final hearing of the suit. Hence, no order is necessary for the time being on the rest of the claim.
The application is thus disposed of.
There will be no order as to costs.
Let the decree be drawn up expeditiously. Costs cost in the cause.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
(SENGUPTA, J.) Dictation taken down by me and transcribed by me.
S.Das AR(CR)