This is a suit for recovery of Rs.1,41,317.50 being risk purchase amount which the plaintiffs have claimed from the defendant. According to the plaintiffs, vide Contract No.J-1/66672/P-15, dated 3- 8-1973, the defendant was required to supply roller material handling wooden for a quantity of 750 at the rate of Rs.124.39 per piece of the value of Rs.93,292.50, the delivery period of which was up to 31-8-1974. Subsequently, the delivery period was extended to 30-12-1974 but the defendant failed and neglected to supply the contracted stores even up to 15-3-1975, the date when the defendant was required to supply the said goods in order to avoid cancellation of contract vide letter dated 27-2-1975 sent by the plaintiffs to the defendant. Ultimately the plaintiffs cancelled the contract on 30-4-1976. Subsequently, the contract in respect of unsupplied stores was concluded by the plaintiffs with M/s. Malik Din & Sons at the rate of Rs.270 per piece, the total costs of which was in the sum of Rs.2,02,500 resulting in losses to the plaintiffs of a sum of Rs.1,07,207.50. The defendant was required by the plaintiffs to deposit this risk expense amount as per the terms of the contract but the defendant failed and neglected to do so.
2. Subsequently-another Contract No.J-1/66277/P-15, dated 26-4-1975, was awarded by the plaintiffs to the defendant for supply of Tent Mallot small MK-II, head MK-I, quantity 16,900 at the rate of Rs.3.97 per piece of the total value of Rs.67,093 on or before 31-3-1976. The defendant tendered a quantity of 25,000 of the said goods which rejected by the plaintiff on 2-6-1976, as the same was not as per specification. Similarly, on 31-12-1976 another quantity of 2200 was rejected being not in accordance with the specification. Since the defendant failed to supply the contracted stores within the delivery period to the plaintiffs, the plaintiffs cancelled the contract on 30-4-1977.
These stores were repurchased for Rs.99,203, whereby the plaintiffs suffered a loss of Rs.32,110. In spite of repeated demands made on the defendant by the plaintiffs, the defendant failed and/or neglected to pay a total sum of Rs.1,41,317.50 being due and payable by them to the plaintiffs on account of damages caused to the plaintiffs. The plaintiffs, therefore, have prayed for a decree in the sum of Rs.1,41,317.50 together with interest at the rate of 14% per annum from the date of the suit till payment and also costs of the suits.
3. The defendants have been repeatedly sent summons for appearance in this Court from time to time but they lave remained unserved. Ultimately on 9-5-1988 the defendants were duly served by substituted service but again failed to appear and defend the suit.
4. Today also the defendants have been called twice since morning but they have remained absent. The plaint in the suit has been duly verified on oath. The plaintiffs have also filed a list of documents. From the contents of the plaint I am satisfied that the said sum of Rs.1,41,317.50 is due and payable by the defendants to the plaintiffs. I accordingly pass an ex parte decree against the defendant as prayed.