e-mail dated 03.08.2018. Proforma invoice was sent by Defendant No. 1 on 20.08.2018 which was issued by Defendant No.4 through Defendant No. 1 in respect of Defendants agreeing to supply of 500 MT ‘Soda Ash’ within two weeks of confirmation of receipt of advance payment. Advance amount of 20% was immediately paid by Plaintiff against invoice. It is averred by Plaintiff that Defendant No. 1 in fact represented to Plaintiff that Defendant No. 4 was his own company and he was representing it in the international market though this is refuted by Mr. Buddhadev, learned Advocate for Defendant Nos. 1 to 3. It is seen that on 12.10.2018, Plaintiff cancelled the order and sought refund of the 20% of amount which was paid over to Defendant No. 4. At this juncture, Defendant No. 1 sought for the bank details of Plaintiff for effecting refund of the said advance amount. Incidentally, Plaintiff received only an amount of Rs. 9,33,095/- being 50% of the advance amount from Defendant No. 4 into his bank account, thereby leaving the balance amount of Rs. 9,33,095 as outstanding. The balance amount was not refunded or returned back to the Plaintiff resultantly leading to filing of Commercial Summary Suit No. 35 of 2022 against Defendants.
