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TMI Blog2024 (6) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... ove the same. As per the bank statement, confirmation of account, challans and tax invoices all the transactions are till 2011 and the plaintiff has filed the suit on 27th January, 2016, thus the suit filed by the plaintiff is barred by limitation. This Court finds that the plaintiff failed to prove the case and the suit is also barred by limitation. Application dismissed. - HON BLE JUSTICE KRISHNA RAO For the Plaintiff : Ms. Arunima Lala Ms. Saolini Bose Mr. Nikunj Berlia. For the Respondent :None JUDGMENT KRISHNA RAO, J.: 1. The present suit is filed by the plaintiff for a decree of a sum of Rs. 55,60,528/- along with interim interest and interest upon judgment at 24% per annum. 2. The plaintiff is carrying on business in manufacturing, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the defendant and/or within the time agreed by and between the parties. d) It was agreed that the defendant would not be charged delivery charges if the goods were delivered by their own transport to the defendant from the godown of the plaintiff. e) It was agreed that the defendant shall also supply the excise duty and VAT (Value Added Tax) as applicable from time to time on the said goods to be sold and delivered to the defendant by the plaintiff. f) Interest would be charged at the agreed rate of 24% per annum if the bill/invoice is not paid by the defendant to the plaintiff on presentation of the same or on the agreed due date as the case may be. g) The accounts between the parties shall be current and continuous. h) The payment shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10th March, 2014 whereupon an FIR has also been lodged with the police and the said proceeding is still pending. 11. The plaintiff had sent a notice dated 14th July, 2015, through its Advocate, calling upon the defendant to pay the balance amount along with interest but the said notice returned as undelivered. 12. The plaintiff has also published the legal notices in the English and Bengali daily newspaper but inspite of publication of the notices, the defendant has neither sent any reply nor has made payment, accordingly, the plaintiff has filed the present suit. 13. The defendant had entered appearance in the instant suit and filed their written statement. The defendant had alleged the following: (a) The quality of goods delivered are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n The English newspaper The Statesman and one on the Bengali newspaper Anandabazar Patrika , demanding the monies due by the defendant to the plaintiff. Exhibit D (Collectively): Copies of statements of account of the plaintiff, which shows the part amount received by the defendant. Exhibit E (Collectively): A copy of a letter dated 20th May, 2011, issued by the plaintiff to the defendant, asking him to make payments. Exhibit F (Collectively): Copies of Excise Invoices get pass which was issued along with Commercial Invoices for taking the CENVAT Benefit from 20th May, 2010 to 22nd November, 2010. Exhibit G: Copy of a letter dated 14th July, 2015, issued by the plaintiff to the defendant regarding the amount due. Exhibit H: Certificate unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and interest at the rate of 24% per annum from 31st December, 2015 which amounts to Rs. 36,21,122/- but the plaintiff has not disclosed anywhere either in the plaint or in the evidence that what was to the total cost of the materials and how much amount has been paid by the defendant to the plaintiff. The plaintiff has relied upon Exhibit I i.e. interest calculation sheet and as per the evidence of the plaintiff, Exhibit I given to the defendant but there is no evidence to prove that the said document was received by the defendant. The plaintiff has also exhibited statement of account of ING VYSYA Bank Limited of the related to the plaintiff s firm from the year 2009 to 2011 but the plaintiff has not proved which of the transaction is rela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , wherein the plaintiff has published a legal notice issued to the defendant wherein it is mentioned that the Learned Counsel for the plaintiff had sent a notice to the defendant by Registered post with A/D and by Speed Post but both the notices were returned unserved as the defendant avoided to receive the said notice but the undelivered notices were not exhibited during the evidence of the plaintiff. 22. The defendant entered appearance and had filed written statement but thereafter inspite of several opportunities, the defendant has not come forward for complete the discovery and inspection of documents and failed to appear in the suit and the suit is proceeded in the absence of the defendant. 23. Considered the plaint, written statement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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