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2020 Supreme(Cal) 341

DEBANGSU BASAK
Suravee Business Services Pvt. Ltd. – Appellant
Versus
Chittavalsah Jute Mills Ltd. – Respondent


Advocates Appeared:
Mr. Reetobroto Kr. Mitra Mr. Rupak Ghosh, Adv. Mr. Ayan Dutta, Adv, for the Appellant; Mr. Suman Kr. Dutt, Adv. Mr. Rajarshi Dutta, Adv. Mr. A.P. Agarwalla, Adv, for the Respondent

JUDGMENT

Debangsu Basak, J. - In a suit for recovery of price of goods sold and delivered, the plaintiff seeks an order of judgment on admission and order of attachment before judgment and injunction.

2. Learned advocate appearing for the plaintiff submits that, pursuant to the order placed by the defendant, the plaintiff from time to time sold and delivered raw jute to the defendant. The plaintiff raised invoices upon the defendant. A sum in excess of Rs. 24,41,932/- remains due and payable by the defendant to the plaintiff. The plaintiff demanded payment from the defendant. By letter dated March 12, 2011, the defendant acknowledged its liability to the plaintiff. However, despite such acknowledgement the defendant did not pay. He submits that, thereafter two notices for demand were issued. In response thereto, the defendant did not dispute the liability. The defendant never undertook the exercise of settlement of accounts which the defendant proposed by its letter dated March 12, 2011. Thereafter, according to him, the claim of the plaintiff stands admitted.

3. Subsequent to the filing of the suit, the plaintiff became aware that the defendant is trying to dispose of all propertie

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