TaxTMI 
TaxTMI 
2024 (6) TMI 608
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....ngles/MS channel etc. 3. The defendant is carrying on business under the name and style of "A to Z Engineering" as a sole proprietor. 4. In or about June, 2009, the defendant approached the plaintiff, for the purpose of obtaining various types of iron and steel materials of diverse quantities and specifications. 5. The parties orally agreed for the supply, delivery and sale of the aforesaid goods on the basis of the following terms and conditions: a) The defendant from time to time would place its orders for purchase of the said goods from the plaintiff at the office of the plaintiff within the jurisdiction according to the requirements of the defendant from time to time at the rates agreed to by and between the parties. b) The plai....
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....etween the parties shall be subject to Kolkata jurisdiction only. 6. According to the terms and conditions of the contract entered into by and between the parties, the defendant from time to time placed various orders upon the plaintiff for supply of various quantities and qualities of the goods at the agreed rates during the period from 5th June, 2009 to 22nd November, 2010 and such delivery of the goods were accepted by the defendant without any demur or protest with regard to quality and/or any other issues related to the delivered goods. 7. The plaintiff raised bills/invoices in accordance with the goods that were sold and supplied to the defendant. 8. The defendant had made part payment towards the said goods sold and delivered and....
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....nds. (c) There are no outstanding dues of the defendant. (d) A sum of Rs. 18,59,608.04/- has been paid in cash for which no receipt has been issued by the plaintiff. 14. On the basis of the Written Statement filed by the defendant and on the basis of the plaint filed by the plaintiff, the parties had frame the following issues: (i) Whether the suit is maintainable in its present form? (ii) Whether the goods were supplied and delivered as per the requirements of the defendant? (iii) Whether the plaintiff is entitled to recover for a sum of Rs. 55,60,528/- along with interest @ 24% per annum on account of goods sold and delivered? (iv) Whether the plaintiff is entitled to the decree as prayed for? (v) To what extent of r....
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....dian Evidence Act, 1822. Exhibit - I: Copy of Interest Calculation given to the defendant for claiming interest for delayed payment and non-payment of bills. Exhibit - J: Bank Statements of plaintiff from ING Vysya Bank Limited, for the period of 2009 to 2011. 17. Exhibit "A" are copies of several challans for the period of 5th June, 2009 to 22nd November, 2010, which proves that according to the understanding and agreement between the parties, the plaintiff had supplied, delivered and sold the goods as specified by the defendant and the same were accepted by the defendant without any demur or protest. and Exhibit "B" and "F" are copies of invoices/bills with regard to the materials supplied and delivered to the defendant. 18. The ....
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....n is related to the defendant. 20. The plaintiff says that the last payment was made by the defendant on 4th February, 2013 but the plaintiff has not proved the last payment was made on 4th February, 2013. The bank statements which the plaintiff has relied upon is only upto the year 2011 and from the said document also it is not proved that the defendant has made last payment on 4th February, 2013. The plaintiff has relied upon the account confirmation for the year 2009 to 2011 which is marked as Exhibit "D" collectively but in the said document as on 4th March, 2011, the closing balance shown as Rs. 34,89,406.08/- which is not in conformity with the claim of the plaintiff. 21. Notice sent by the plaintiff to the defendant through the Lea....