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2014 Supreme(Cal) 829

SOUMEN SEN
Utkarsh Tubes and Pipes Limited – Appellant
Versus
Simplex Infrastructure Limited – Respondent


Advocates Appeared:
For the Plaintiffs : Abhrajit Mitra, Samrat Sen, J. Chowdhury, R. Ghosh, C. Gupta and Dwipraj Basu.
For the Defendants : Pratap Chatterjee, Anirban Ray, Sourav Ghosh, P. Sinha and A.B. Mullick.

JUDGMENT :

Soumen Sen, J.

1. The plaintiff has instituted the suit against the defendant for recovery of a sum of Rs. 52,45,258/- on account of price of goods sold and delivered. The plaintiff states that between 14th November, 2011 and 9th October, 2013, the defendant has issued diverse purchase orders on the petitioner for supply of pipes of diverse specifications and quantities in connection with an ongoing project of civil works for their Swastik Metro Project (Metro Station Commercial Tower and Residential Tower). The plaintiff has given the details of eight purchase orders on the basis of which the plaintiff had sold, supplied and delivered the goods specified in such purchase orders to the defendant. The defendant had duly received and accepted the said goods but did not pay the price of such goods sold and delivered.

2. The plaintiff has also taken out an interlocutory application in the suit praying, inter-alia, for a judgment upon admission for a sum of Rs. 52,45,258/-. It is stated that the petitioner has unconditionally and unequivocally admitted, confirmed and acknowledged its indebtedness to the plaintiff for the aforesaid sum which would appear from letters both dated 2


















































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