SOMA SAHA Vs. GLOBAL EDUCATIONAL NET (GENET)

JUDGEMENT

(1.) This is an appeal under Section 96 of the CPC from the judgment dated 22.01.2019 delivered in Money Suit No.50 of 2015 by the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala.

(2.) The suit was instituted by the appellant for realization of a sum of Rs.32,24,964/-, the outstanding against the supply of medicines made by the plaintiff to the defendants [the respondents herein] in compliance of the purchase orders issued with effect from 08.09.2005 to 30.04.2009. Out of the total amount due i.e. Rs.1,006,69,326/-, the defendants made payment admittedly of an amount of Rs.74,44,359/-. The plaintiff has asserted that despite several demands made to the defendants, the said outstanding was not paid. On 13.11.2013, the plaintiff sent a demand notice to the defendants for payment of the said outstanding with interest at 9% per annum within a period of fifteen days from the date of receipt of the said notice. The defendants did not pay the said outstanding and hence, the suit for realization being Money Suit No.50 of 2015 was instituted.

(3.) The defendants No.2 to 5 have contested the suit by filing the written statement. In the written statement, those defendants challenged the maintainability of the suit on the ground of limitation. The defendants No.2 to 5 stated further that with effect from 23.05.2009, the management of the defendant No.1 namely Global Education Net (GENET) was taken over by the respondent No.6. Thus, the respondents No.2 to 5 cannot be saddled with any liability. The defendant No.6 by submitting a separate written statement raised the question of maintainability of the suit as well as according to them, the suit is clearly barred by limitation.