The main legal point established in the judgment is the entitlement of a plaintiff to recover unpaid price of goods sold and delivered, along with interest and losses, based on documentary evidence and unchallenged oral testimony, especially when the defendant fails to appear or contest the claims.

Moushumi Bhattacharya, J.

1. The plaintiff has filed this suit against the defendant for a decree for a sum of Rs.9,00,68,657.11/- and for a further sum of Rs.2,90,30,573/- on account of unpaid price of goods sold and delivered on high-seas basis pursuant to written agreements executed between the parties and for loss suffered on account of increase in the exchange rate of US dollars, respectively.

2. The plaintiff claims to have acquired repute in countries across the world as a purchaser and distributor of plastic scrap. The plaintiff further claims that the defendant company approached the plaintiff in October 2012 with a proposal to purchase a large consignment of plastic scrap and was keen to enter into an arrangement with the plaintiff for this purpose. The parties agreed to enter into an arrangement whereby the defendant would place orders upon the plaintiff for supply of various quantities of plastic scrap in a phased manner and the plaintiff would import the materials agreed to be sold to the defendant on a high-seas basis. Pursuant to the above, between the periods 3rd May 2013 to 3rd August 2013, a total of 82 agreements were signed and executed between the parties under which the plaintiff was to supply and the defendant was to purchase a total of 5775.218 MT of plastic scrap.

3. In support of the case made out in the plaint, one Vikash Kothari was examined on behalf of the plaintiff. Mr. Kothari is a director of the plaintiff since its inception and is well acquainted with the facts of the case. Photo copies of the relevant agreements have been tendered in evidence as Exhibit A and the contents proved by the plaintiff’s witness. The goods covered by the agreements were duly sold and delivered to the defendant which would be evident from the shipment documents which include Bills of Lading (Exhibit-B). The witness has deposed that all 82 Bills of Lading indicate the plaintiff as the consignor. The witness has also deposed that each of the bills of entry (Exhibit-C) reflect the name of the defendant as the consignee and the name of the foreign exporter of the plaintiff, namely, Vincom Commodities Limited, UK which has been described as the consignor. As agreed between the parties and for the purposes of the agreement, the plaintiff entered into a contract dated 22nd November 2012 with Vincom, the plaintiff’s foreign supplier for supply of 6,000MT of plastic scrap. Pursuant to the aforesaid, consignments were shipped by Vincom to the plaintiff and were thereafter sold to the defendant on high-seas as per the terms and conditions of the agreements between the plaintiff and the defendant. The 82 bills raised by Vincom upon the plaintiff have been tendered in evidence and marked as Exhibit D and have been duly proved by the plaintiff’s witness. The witness has deposed that the original bills are with the defendant who provided the plaintiff with the Xerox copies of the bills.

4. Upon supplying the goods to the defendant as agreed upon, the plaintiff contemporaneously raised 82 bills upon the defendant for a sum of Rs.18,37,85,211.11/-, copies of which have been tendered in evidence as Exhibit-E. In course of his evidence, the plaintiff’s witness has stated that the original bills are lying in the custody of the defendant and further that the bills were handed over to representatives of the defendant on the understanding that endorsements of receipt would be made on copies of the bills and thereafter made over to the plaintiff. The plaintiff’s witness has further deposed that duly acknowledged received copies of the bills were given to the plaintiff on several occasions, but not on every occasion as have been agreed upon by the parties.

5. Between the 21st June 2013 and 18th November 2013, the defendant made part payments against the bills raised by the plaintiff amounting to Rs.9,37,16,534/-. The payments made