DINESH BHAKTA SHRESHTHA Vs. MMTC LTD. & ANR.

JUDGEMENT

(1.) SUIT filed by the appellant has been dismissed, being held to be barred by limitation. The suit was based on the plea that respondent No. 1, MMTC, a Government of India Undertaking, was to supply 20,000 MT urea to the Government of Nepal; delivery to be made to Agriculture Inputs Corporation (AIC), an Undertaking of the Government of Nepal at a price of US$247 per MT as per agreement dated June 27, 1997, Ex.P -14 for which the appellant was to be paid agency commission @4% of the business conducted. The consignment was to be delivered in three lots of 4,000 MT, 6,000 MT and 10,000 MT.

(2.) IT was alleged that respondent No. 1 breached the date(s) on which urea had to be delivered. Albeit belatedly, only 14686.603 MT urea was supplied and for which respondent No. 1 paid provisional agency commission in sum of US$66,790 on December 23, 1997. It was pleaded that in spite of repeated reminders sent balance payment due in sum of US$78,313.63 was not paid to him, and converted into Indian rupees, decree prayed for was in sum of Rs. 58,60,288/ - together with past, pendente lite and future interest. For the purposes of limitation, relevant would it be to note that the appellant relied upon a facsimile message dated September 28, 2000, Ex.P -20, which reads as under: -

(3.) IT is the case of the appellant that on May 09, 2002, he met the officials of MMTC demanding balance payment and on May 10, 2002 wrote the letter Ex.P -5 making a memorial of what transpired at the meeting, which letter reads as under: