RAMESH PAPER MART Vs. MATRIX GLOBAL PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff has filed this suit for recovery of 2,18,66,439/- on the plea they had supplied to the defendant Maplitho paper and hard board for printing of books and it was agreed the defendant shall not make any default in payment of the said material. An order to purchase the Maplitho paper and hard board was placed on 18.10.2013 by the defendant directing the plaintiff to supply 700 MT of Maplitho paper @ 57,250 per MT along with 34 MT of cover stock @ 65,500 per MT. The purchase order dated 18.10.2013 was amended and sent via email dated 21.10.2013. The goods were supplied as per the terms and conditions. The invoices and challans to the defendant company were duly acknowledged. The details of invoices is given in para 13 of the plaint. The C-forms were sent after the receipt of the ordered goods by the defendant.

(2.) As per the terms and conditions of the purchase order the defendant company was obliged to make payment within 5 days from the date of the receipt of the paper by their nominated printing press. Admittedly the entire stock was received by the defendant by December 2013 however despite various requests made by the plaintiff, the defendant did not release the payment and hence this suit was filed on 17.10.2016.

(3.) The defendant filed its written statement on 26.04.2017 and rather raised a counter claim stating interalia they had placed an order upon the plaintiff company wherein the plaintiff had to supply the requisite paper for printing of the books within 4/5 days of the purchase order dated 18.10.2013 and even advance payment was made on 210.201 It was urged the entire printing paper was to be supplied strictly as per the time schedule by 20.11.2013 but the plaintiff company though started delivering the paper from 06.11.2013 and continued till 29.11.2013 but thereafter did not supply any paper till 10.12.2013 and as there was a delay in supply of the requisite paper, the printers had further delayed the printing of books which culminated into delay in shipment of books to Ministry of Education, Government of Ethiopia. The Ministry thus retained 20% of the total contract amount and also invoked the bank guarantee furnished to them. Moreso the paper supplied was of inferior quality. Further there is a mismatch of amount as the total purchase price was only 3,45,48,391/- but the invoice for 3,65,48,391/- was raised.