JUDGMENT :

Krishna Rao, J.

1. Plaintiff has filed the instant application under Order XIIIA of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015 praying for summary Judgment for a sum of Rs. 1,93,12,425/- as admitted by the defendant no. 1 in its letter dated 16th August, 2017.

2. In the month of November 2017, in view of ensuing Ganga Sagar Mela, 2017 and improve the navigability of certain channels in River Muriganga for a smooth movement of cargo and passenger vessels for transportation of cargo, bikers and pilgrims, Inland Waterways Authority of India, on behalf of the government of West Bengal, the proforma defendant no. 5 invited online tender having experience of using cutter suction dredgers in two cover systems. The plaintiff and one M/s. RDL IDS PL JV were the only contractors who have submitted tender in respect of the tender Notice. None of the said two tenders were accepted and the tender notice was not materialized.

3. By a letter dated 7th December, 2016, the Inland Water Authority of India issued a letter to the defendant No. 2 requested to make an offer for carrying out dredging at the jetties at Lot No. 8 and Chemaguri Khal on emergent basis by deploying cutter suction dredgers capable of dredging at least 250 cubic meters of solid per hour within the aforesaid tender at the rate of Rs. 230/- per cubic metre. On receipt of the said letter, the defendant no. 2 had called the plaintiff to participate in a meeting held at the office of Chief Secretary, Irrigation and Waterways Directorate at Jal Sampad Bhawan, Salt Lake City, Kolkata. In the meeting, the plaintiff was requested by the defendant no. 2 to consider taking up the aforesaid dredging work and to submit its offer.

4. On 9th December, 2016, the plaintiff had submitted its offer to do the job as per the terms and conditions mentioned in the said letter to the defendant no. 2 by giving its willingness to undertake the said dredging work. Following the offer of the plaintiff, the defendant no.1 by a letter dated 9th December, 2016, confirmed its willingness to the Inland Waterways Authority of India to carry out the above-mentioned dredging work. By a letter dated 14th December, 2016, the Government of West Bengal awarded the work in favour of the defendant no. 2 as well as in favour of another Company namely M/s. Reach Dredging Ltd.

5. By letter dated 15th December, 2016, issued by the defendant no. 1 in favour of the plaintiff requesting the plaintiff to take up the dredging work with respect of Lot No. 8 : Area ABCDEFGH for an estimated quantity of 2,00,676 cubic metres on the terms and conditions as mentioned in the said letter.

6. Mr. Sakya Sen, Learned Counsel representing the plaintiff submits that the defendant no. 5 by a letter dated 14th December, 2016 accepted the offer of the defendant no.1 at the rate of Rs. 225/- per cubic metre for completing the dredging and desilation work. The defendant no. 1 had accepted the offer at the rate of Rs. 225/-per cubic metre and offered plaintiff for the said work at the rate of Rs. 202.50/-per cubic metre. Mr. Sen submits that as per clause 8 of the offer letter by and between the plaintiff and the defendant no.1, the defendant no.1 would give payment to the plaintiff as soon as they receive the same from the defendant no. 5.

7. Mr. Sen submits that defendant no. 1 along with its constituents, being the defendant nos. 2 and 3 were only acting as commissioning agent by delegating the allotted work issued by the defendant no. 5 to the plaintiff herein. Mr. Sen submits that after completing of entire work, the plaintiff had raised invoice for a total amount of Rs. 9,07,00,155/-dated 20th March, 2017 but in spite of several requests made by the plaintiff, the defendants did not pay any amount to the plaintiff.

8. Mr. Sen relied upon the letter dated 27th February, 2017 addressed to the A