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1995 Supreme(Cal) 314

NIKHIL NATH BHATTACHARJEE
J. PATEL AND COMPANY – Appellant
Versus
NATIONAL FEDERATION OF INDUSTRIAL CO-OPERATIVES LIMITED – Respondent


NIKHIL NATH BHATTACHARJEE, J.

( 1 ) THIS is a suit for recovery of unpaid sale price amounting to Rupees 3,813. 24 ps. together with interest thereon amounting to Rs. 3,68,530. 99 ps. for delayed payment aggregating Rs. 3,72,344. 23 ps.

( 2 ) PLAINTIFFS case is that pursuant to an agreement entered into by and between the plaintiff and the defendant, the plaintiff sold and delivered to the defendant 50 metric tonnes of tea of agreed specification at the price at Rs. 32 per k. g. Deliveries were completed by 3rd June, 1985 and the defendant accepted the deliveries without raising any objection. After the supplies were effected the plaintiff raised and submitted to the defendant two bills both dated 27th June, 1985 for Rs. 16 lacs in total. In the bills the plaintiff indicated the prompt date, that is to say, the date for making payment of the price of the said supplies and the defendant accepted the said bills. The defendant from time to time paid the aggregate sum of Rs. 15,96,186. 76 to the plaintiffs and the balance Rs. 3813. 24 ps. remained and is still due. By a letter dated 4th Feb. , 1988, the defendant admitted its liability towards the plaintiff on account of the sale of t

















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