Bangalore District Court
Qdc India Consulting P Limited vs Channabasava S on 1 September, 2025
KABC020118372024
IN THE COURT OF THE SMALL CAUSES AT
BENGALURU
PRESENT: Smt.Gayathri S Kate,
B.Com., LL.B.,
XVIII ADDL., JUDGE & ACJM,
Court of Small Causes,
BENGALURU.
Dated this the 1st day of September, 2025
S.C.No.193/2024
PLAINTIFF: QDC INDIA CONSULTING (P) LTD.,
MEP Consultants
A Company Incorporated
under the provisions of the Indian
Companies Act, 1956 and
having its registered office at No.377/61
2nd Floor, 19th Main Road, 1st Block,
Rajajinagar, Bengaluru-560 010
Represented by its Managing Director
Sri Varadharaj G.V.,
(By Sri.U.R., Adv)
V/s
DEFENDANT: Sri.Channabasava S.,
S/o. Nagarajan
Aged major,
Mylapura (V), Balakundi (P)
Siraguppa (TQ) 583122
SCCH-4 2 SC No.193/2024
Ballari District.
(By Sri. H.C.H., Adv)
Date of institution of the suit: 07.03.2024
Nature of suit: Money recovery
Date of commencement of
recording of evidence: 24.01.2025
Date of pronouncement of judgment: 01.09.2025
Duration: Year/s Month/s Day/s
01 05 24
*******
: J U D G M E NT :
The plaintiff has instituted this suit against the
defendant seeking recovery of a sum of Rs.1,00,000/- along
with interest at a rate of 9% p.a., from the date of petition till
the date of realization.
2. The plaint averments in brief is as under:
The defendant claiming to be a permanent resident of the
address mentioned in the cause title approached the plaintiff
during the year 2021 and submitted an application seeking
suitable employment in terms of an application dated
05.07.2021. On a perusal of your academic qualifications,
SCCH-4 3 SC No.193/2024
offered employment for the post of " Trainee BIM Engineer-
Mechanical" with effect from July 7, 2021 was executed
between Plaintiff and defendant.
Considering their application and the documents
submitted by the defendant, the defendant did not possess the
required expertise to discharge his duties as a Trainee BIM
Engineer-Mechanical and required training. Accordingly,
Plaintiff offered to impart training to defendant for a period of
six months. The defendant had agreed to serve plaintiff for a
period of two years from the date of appointment as a Trainee
BIM Engineer-Mechanical to enable his client to recoup the
investments made by his client in imparting training to
defendant. However, for reasons best known to defendant,
defendant has chosen to abstain from their duties as a Trainee
BIM Engineer-Mechanical with effect from January 31, 2023,
without intimation. Upon completion of the Training period,
the employment of the defendant was confirmed in terms of
the confirmation letter dated July 1, 2022. However, all the
other terms and conditions as stipulated in the employee
SCCH-4 4 SC No.193/2024
Service Agreement remained operative as on the date of
confirmation of the employment.
The defendant is well aware that the terms of the
Agreement requires the defendant to serve the plaintiff
company for a period of two years which presupposes that the
defendant was not entitled to abstain from attending to his
duties before completion of two years from the date of
employment, as a consequence of which defendant has
committed breach of terms of the Agreement as a consequence
of which the defendant would become liable to pay a sum of
Rs.1,00,000/- as compensation to the plaintiff company on
account of breach of the terms of employment. The defendant
has further agreed to pay the said sum upon a Demand Letter
issued by the plaintiff, under the said Agreement.
The defendant failed to intimate about his inability to
discharge his duties and abstained from duties after
completion of the training period. The plaintiff has spent a
substantial amount on training the defendant but all the
efforts put forth by the plaintiff have not yielded any result. On
the contrary, the plaintiff has suffered a loss by investing in
SCCH-4 5 SC No.193/2024
imparting training to the defendant. Therefore, the defendant
is liable to compensate to the plaintiff by paying the said sum
of Rs.1,00,000/- as per Clause 3 of the said Agreement. After
the defendant has committed a breach of terms of the
Agreement, the plaintiff has issued a legal notice on
22.08.2023 to the defendant demanding payment of the said
sum. However, the defendant despite receipt of the said legal
notice has issued an untenable reply notice dated 04.09.2023.
The cause of action for the suit arose on 31.01.2023. Hence,
the suit.
3. After service of summons, the defendant has appeared
through his counsel and filed his detail written statement
denying the plaint averments. Hence, the defendant prays to
dismiss the suit.
4. To prove the case of plaintiff, the Senior Manager-H.R
of the plaintiff company has got examined herself as P.W.1
and got marked 10 documents at Ex.P.1 to Ex.P.10. During
cross examination of PW.1, the learned counsel for
defendant got marked Ex.D1 and Ex.D.2 through
SCCH-4 6 SC No.193/2024
confrontation. The defendant has examined himself as DW.1
and got marked 3 documents on his behalf.
5. Heard the counsels of both sides and perused entire
materials on record.
6. On rival pleadings the following points arise for my
consideration.-
1. Whether the plaintiff proves that
defendant is liable to pay a sum of
Rs.1,00,000/- along with interest
from the date of suit till the date of
realization?
2. Whether the plaintiff is entitled for the
relief as sought for?
3. What order?
7. My findings on the above points are as follows:
Point No.1 : In the affirmative;
Point No.2 : Partly in the affirmative;
Point No.3 : As per the final orders,
:REASONS:
8. As these two points are inter connected with each
other to avoid repetition of the facts they are taken up together
for common discussion.
SCCH-4 7 SC No.193/2024
9. The plaintiff has examined himself as PW.1 and got
marked 10 documents as per Ex.P.1 to Ex.P.10. Ex.P.1 is the
copy of letter of authority, Ex.P.2 is the copy of Board
resolution, Ex.P3 is the copy of notice, Ex.P4 is the Postal
receipt, Ex.P5 is the Postal acknowledgment, Ex.P6 is the copy
of reply notice, Ex.P7 is the copy of letter of confirmation,
Ex.P8 is the copy of Appointment letter, Ex.P9 is the E-mail
correspondence letter and Ex.P10 is the Salary slip. During
the course of cross-examination of PW.1 nothing was elicited
from the mouth of PW.1.
The defendant has examined himself as DW.1 and got
marked documents as per Ex.P.D1 to Ex.D.4. DW.1 was
subjected to cross-examination during the course of cross
examination DW.1 has admitted that as per Ex.P.8 dated
05.07.2021 Employees service agreement there is a clause
stating that in the event the employee intend to terminate the
employment agreement prior to the completion of the said
period of two years then employee agree to be liable to pay
Rs.1,00,000/- as compensation to the plaintiff company. It is
further admitted that since 12.11.2022 the DW.1 has
SCCH-4 8 SC No.193/2024
remained unauthorized absent from work as per e-mail dated
14.12.2022. It is also admitted that he has not responded to
the said e-mail dated 14.12.2022 instead he has left the duty
on 31.01.2023. When such being the case, the defendant has
admitted that he is held liable for the Ex.P.8 agreement and
clause 10 of said Ex.P.8 agreement. Hence, in the absence of
specific defence raised by the defendant in his written
statement the evidence of PW.1 becomes unshaken.
10. On perusal of deposition it is clear that, defendant
has failed to make the payment of outstanding amount of
Rs.1,00,000/- with interest. The law is very clear that, in
absence of any agreement in relation to payment of interest.
The plaintiff company is entitled for reasonable interest. As per
the RBI rules and guidelines it is appropriate to award 6% per
annum towards interest rate. Hence, I answer point No.1 in
the Affirmative and point No.2 partly in the affirmative.
POINT NO.3:
11. In view of my findings on above points, I proceed to
pass the following.-
SCCH-4 9 SC No.193/2024
ORDER
The suit of the plaintiff is hereby decreed in part with cost.
The plaintiff company is entitled to recover a sum of Rs.1,00,000/- with interest 6% per annum, from the date of petition till the date of realization.
The defendant is liable to pay the decreed amount with interest to the plaintiff.
Draw decree accordingly.
[Dictated to the stenographer directly on computer, typed by her, then corrected by me and pronounced in open court on this the 1st day of September, 2025.] (Gayathri S Kate) XVIII ADDL.JUDGE & ACJM Court of Small Causes Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFFS:
PW.1 : Mrs. Latha G., SCCH-4 10 SC No.193/2024 LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT:
DW.1 : Sri. Channabasava S., LIST OF THE DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFFS:
Ex.P1 : Copy of letter of authority Ex.P2 : Copy of Board resolution Ex.P3 : Copy of Notice Ex.P4 : Postal receipt Ex.P5 : Postal acknowledgment Ex.P6 : Copy of reply notice Ex.P7 : Copy of letter of confirmation Ex.P8 : Copy of Appointment letter Ex.P9 : E-mail correspondence letter Ex.P10 : Salary slip LIST OF THE DOCUMENTS MARKED ON BEHALF OF THE DEFENDANT:
Ex.D.1 : Xerox Copy of letter of confirmation Ex.D.2 : E-mail ID and Confirmation Letter Ex.D.3 : Salary slip Ex.D.4 : Salary revision letter
XVIII ADDL.JUDGE & ACJM Court of Small Causes Bengaluru.Digitally signed by GAYATHRI S
GAYATHRI KATE
S KATE Date: 2025.09.12
15:35:22 +0530