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Date : 1st December, 2016.

Appearance:

Mr. Lutful Haque, Adv. for the plaintiff The Court :- The plaintiff, a company incorporated under the Companies Act, 1956, is carrying on business of manufacturing and sale of various chemicals and other allied products including Linear Alkyl Benzene Sulfonic Acid (in short "LABSA"). The defendant is also a company incorporated under the Companies Act, 1956 and carrying on business including sale of LABSA. The plaintiff supplied LABSA to the defendant on the basis of verbal order and raised bills to the tune of Rs.3,18,14,317/- during the period from August 21, 2014 to November 18, 2015. The goods were supplied to the defendant through transporter, and the representative of the defendant received the goods by making endorsement and putting signature on the document of transportation of the goods. The defendant paid Rs.2,79,97,190/- to the plaintiff during the period from August 21, 2014 to November 18, 2015. The details of the payment received by the plaintiff from the defendant have been shown in the statement of accounts prepared by the Accounts Manager of the plaintiff company. The defendant did not pay the outstanding dues of Rs.38,17,127/- to the plaintiff for the aforesaid period and as such the plaintiff has instituted this suit against the defendant praying for a decree for Rs.38,17,127/- along with interest @ 18% per annum from the date of institution of the suit till the date of realisation of the entire amount from the defendant.

The witness Subrat Kumar Dash, being the Director of the plaintiff company, is examined on behalf of the plaintiff. It transpires from the evidence of the witness Subrat Kumar Dash that the plaintiff supplied LABSA to the defendant worth Rs.3,18,14,317/- during the period from August 21, 2014 to November 18, 2015 on the basis of verbal order of the defendant. It is further elicited from the evidence of the witness Subrat Kumar Dash that the defendant paid Rs.2,79,97,190/- to the plaintiff during the aforesaid period from August 21, 2014 to November 18, 2015 and the outstanding dues to the tune of Rs.38,17,127/- was not paid by the defendant. The oral testimony of witness Subrat Kumar Dash is corroborated from the 17 delivery-cum-tax invoices and 17 receipts showing delivery of goods to the defendant on different dates during the period from August 21, 2014 to November 18, 2015 (Exhibit A collectively).