CREDENCE LOGISTICS LTD. Vs. MINTECH INC.

JUDGEMENT

(1.) This Appeal Suit is filed against the judgment and decree, dtd. 15/12/2014 in O.S.No.51 of 2010, in and by which, the suit filed by the plaintiff for recovery of a sum of Rs.21,98,825.00, being the transport charges for transporting the minerals (Tundhish Mass, E.B.T Mass, Graded Olivine Sand) of the defendant from Salem to Bhilai (Chandigarh) and Belphar (Orissa), was dismissed by the Trial Court. B. The Plaint :

(2.) The case of the plaintiff is that the plaintiff is a Logistics Transport Company, involved in arranging for transport of various kinds of goods. Upon the order of the customers, the plaintiff, by their own vehicles and also by vehicles arranged by them, transport materials on charges. While so, the plaintiff and the defendant entered into a letter of understanding, dtd. 24/4/2008 for providing Trucks for transport of Tundhish Mass, E.B.T Mass, Graded Olivine Sand) of the defendant from Salem to Bhilai (Chandigarh) and Belphar (Orissa). The defendant agreed to pay the prevailing market rate for the transport costs. Based on the letter of understanding, between 13/4/2008 to 8/8/2008, the plaintiff Company had transported 91 Truck loads of Tundhish Mass, E.B.T Mass, Graded Olivine Sand) of the defendant from Salem to Bhilai (Chandigarh) and Belphar (Orissa).

(3.) After the goods having been received by consignees and the consignees having made necessary endorsements, when the bill was sent to the plaintiff for transport charges, remained outstanding. On 10/8/2008, the defendant also admitted the statement of accounts that a sum of Rs.21,98,825.00 was balance due. Even the payments made were irregular and were after the bouncing of cheques and filing of complaints in respect thereof. While so, in order to avoid further payment, the defendant lodged a complaint before the Central Crime Branch Police and the plaintiff's representative had to appear before them on 27/1/2009 and only thereafter, the proceedings were dropped. In this background, a legal notice was issued on 9/2/2009, for which, a reply with false averments was issued on 24/2/2009 and hence the suit is filed for recovery of the said sum of Rs.21,98,825.00 with interest at the rate as the Court deems fit from the date of filing of the suit till the date of realisation of the entire amount. C. The Written Statement :