Authority: High Court at Calcutta, Commercial Division

Order Date: 15 September 2026

Case Overview

  • Plaintiff: Priviexports Pvt. Ltd.; Defendant: Ratan Ladha.
  • Nature: Undefended commercial suit (C.S. (COM) 13 of 2024); defendant did not file a written statement, forfeiting that right under Order VIII (post‑Commercial Courts Act, 2015).
  • Transaction background: Between April 2016 and March 2020 the parties entered into multiple high‑sea sales of LLDPE reprocessed granules, plastic granules, mixed plastic floor sweepings, PP floor sweeps, LLDPE floor sweeps, PP regrind, etc.
  • April 2016‑Mar 2017: Goods delivered for Rs 41,43,688; no payment made.
  • April 2017‑Mar 2018: Goods delivered for Rs 2,70,19,328; defendant paid Rs 1,89,11,768, leaving Rs 1,22,51,248 outstanding.
  • April 2018‑Mar 2019: Goods delivered for Rs 6,75,47,119; defendant paid Rs 4,65,00,000, leaving Rs 3,32,98,367 outstanding (confirmed by balance statement dated 1 April 2019).
  • April 2019‑Mar 2020: Goods delivered for Rs 52,83,168; defendant paid Rs 77,25,000, leaving Rs 3,08,56,535 outstanding (confirmed by statements dated 1 April 2020, 1 April 2021, 1 April 2022, 1 April 2023).
  • The plaintiff generated e‑way bills for each delivery and maintained a continuous running account, bringing forward balances each 1 April.
  • Demand notice served on 7 June 2023; defendant did not respond. Pre‑institution mediation filed on 21 September 2023 but defendant did not participate (non‑starter report dated 17 November 2023).
  • Plaintiff claimed principal sum of Rs 3,98,53,500 plus interest of Rs 91,96,965 (12% per annum from 5 August 2021 to 4 February 2024). The court, after examining the evidence (witness affidavit, PD‑2 to PD‑13 exhibits, balance confirmations), found the plaintiff’s principal claim to be Rs 3,06,56,535 (as per latest balance confirmation dated 1 April 2023).

Final Outcome

  • The court held that the plaintiff proved its case; the defendant’s written confirmations established the outstanding principal of Rs 3,06,56,535 (decreed as Rs 3,06,56,536).
  • Interest rate: Court declined the plaintiff’s 12% claim, noting no agreement on rate; applied statutory discretion and set interest at 8% per annum from 1 April 2023 until full payment.
  • Decree: Plaintiff entitled to principal sum of Rs 3,06,56,536 plus interest at 8% per annum from 1 April 2023.
  • No order as to costs.
  • Decree to be drawn up expeditiously by the concerned department; case disposed.

Topics: Commercial Litigation, Debt Recovery