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2018 Supreme(Cal) 456

MOUSHUMI BHATTACHARYA
RINKI PLASTICS PRIVATE LIMITED – Appellant
Versus
GD PETRO CHEMICALS PRIVATE LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Chayan Gupta, Ms. Pallavi Gandhi, Mr. V. Raja Rao, Adv.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The instant suit is on account of unpaid price for goods sold and delivered by the plaintiff to the defendant. The plaintiff has claimed a decree for a sum of Rs.3,59,43,670/- together with interim interest and interest upon judgment at 18% per annum.

2. The case made out in the plaint is that the plaintiff is engaged in the business of manufacture and sale of PVC pipes and fittings and has acquired a substantial goodwill in this line of business. The defendant approached the plaintiff requiring various types of PVC pipes and fittings and placed orders on the plaintiff for supply of several quantities of the aforesaid goods of required specifications. The plaintiff caused the goods of specifications as given by the defendant and delivered the same to the defendant of a total amount of Rs.3,92,96,670/- (Rupees Three Crores Ninety Two Lakhs Ninety six thousand Six Hundred Seventy) in January 2014. The plaintiff raised invoices for the goods delivered to the defendant together with copies of the challans showing receipt of the goods as delivered to the defendant. The defendant received the goods supplied by the plaintiff without any demur or protes
















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