Bangalore District Court
M/S Jain Wire Netting Stores vs M/S Bagalkot Cement And on 6 January, 2020
IN THE COURT OF THE XV ADDL.JUDGE:
Court of Small Causes, Mayo Hall Unit,
Bengaluru. (SCCH.19)
Dated this the 6th day of January 2020
Present : Sri. DYAVAPPA,
B.A. LL.B.
XV Addl. Small Causes Judge
& XXIII ACMM, Bengaluru
S.C.No.15216/2019
Plaintiff: M/s Jain Wire netting Stores
Office at No.23, S.J.P Road,
Bangalore02.
Represented by its:
Authorized Signatory
Sri. Shushil Kumar Choyal,
Aged abut 38 years,
Son of late. M.L. Choyal
(Pleader by Sri. Kumar R.S Gowda)
Vs
Defendant: M/s Bagalkot Cement and
Industries ltd.,
Office at. Muchahandi Cross,
Navanagar Road,
Bagalkot587 111.
It is represented by Manager.
(Pleader by Sri.T.K. Gajendran)
2 SCCH - 19
SC.No.15216/ 2019
Date of Institution : 22.07.2019
Nature of the suit : Recovery of money
Date of commencement of
recording of evidence : 18.12.2019
Date on which the Judgment
Was pronounced : 06.01.2020.
YEAR/S MONTH/S DAY/S
Total duration : 00 05 14
(DYAVAPPA S.B.)
XV Addl. Small Cause Judge &
XXIII ACMM, Bengaluru.
*****
JUDGMENT
The plaintiff has filed this suit against defendant for recovery of money for a sum of Rs.38,876/ with court costs, current and future interest at the rate of 24% p.a.
2. The brief facts of plaintiff's case are as under:
Plaintiff is the partnership firm and Whole sale dealer of Mesh goods carrying on business. The
3 SCCH - 19 SC.No.15216/ 2019 defendant is the customer and purchased the Mesh goods after verification and requested the Plaintiff to supply the goods under credit basis. The Plaintiff has supplied the goods to the defendant under credit basis on dated 07.02.2018 vide invoice bill No.26147 for total sum of Rs.25,666/ through VRL Logistics Ltd., The defendant has received the goods from the plaintiff and acknowledged the same on receipt of the goods from the plaintiff and defendant agreed to pay the said amount as per the terms and conditions of the bill and agreed to pay the 24% interest per annum to the plaintiff. The defendant has failed to pay the invoice bill amount, hence the plaintiff got issued the legal notice on 28.02.2019 to the defendant. Inspite of service of legal notice defendant has failed to pay the balance amount. As on the date of the suit, the defendant is due a sum of Rs.38,876/ with interest and other expenditure. Hence Plaintiff prays for pass the decree against the defendant.
3. After service of suit summons, the defendant appeared through his counsel, but not filed written statement within stipulated period.
4 SCCH - 19 SC.No.15216/ 2019
4. In order to prove the case, Plaintiff side one witness examined as PW.1 and produced in all eight documents marked as Ex.P.1 to P.8. On the other hand, the defendant did not adduce any evidence.
5. I have heard the learned counsel appearing for the Plaintiff and Perused material available on hand.
6. The following points are arises for my consideration:
1. Whether the plaintiff is entitled for claim the amount from the defendant as sought for?
2. What order or decree?
7. My findings to the above raised points are as under:
Point No.1: In the Partly affirmative.
Point No.2: As per final order
for the following:
REASONS
8. POINT No.1: It is specific case of the plaintiff that, Plaintiff is the partnership firm and Whole sale dealer of Mesh goods. The defendant is the customer 5 SCCH - 19 SC.No.15216/ 2019 and purchased the Mesh goods under credit basis on dated 07.02.2018 for total sum of Rs.25,666/. But Inspite of issued the legal notice defendant has failed to pay the due amount, hence prays to pass the decree against the defendant.
9. The General Power of Attorney holder of the Plaintiff Sri. Mr. Shushil Kumar examined himself as P.W.1 and filed his affidavit in lieu of chief examination. In his affidavit repeated the averments made in the Plaint and further produced certified copy of General Power of Attorney marked as Ex.P.1, produced authorization letter marked as Ex.P..2, produced Tax invoice bill and one Lorry Receipts are marked as Ex.P.3 and 4, produced copy of Ledger Account marked as Ex.P.5, produced copy of legal notice and postal acknowledgement and one postal receipt marked as Ex.P.6 to 8. The defendant side not cross examined the witness.
10. I have perused documents produced by the plaintiff which was marked as Ex.P.3 to 5 are disclosed that during the course of business the defendant has 6 SCCH - 19 SC.No.15216/ 2019 purchased the goods from Plaintiff and same were delivered to the defendant through transport. As per the Ex.P6 is disclosed that the Plaintiff has issued the legal notice to the defendant and same was served.
Even after service of the notice the defendant has failed to pay the invoice bill amount. Therefore all these documents clearly goes to show that, the Plaintiff has supplied materials to the Defendant on credit basis and as per the ledger account the defendant is due in a sum of Rs.25,666/ as on date of filing of the suit.
11. It is pertinent to note here that, even after appeared through counsel, the defendant has not filed the written statement and also not cross examined the plaintiff witness. Therefore entire pleading, oral and documentary evidence of the Plaintiff side remained unchallenged. There are no any contradictions to disbelieve the documents produced by the Plaintiff. The Plaintiff claims an interest at the rate of 24% with cost from the date of filing of above suit till its realization. It is a commercial transaction. In view of doing business by mutual understanding and credit transaction, it is reasonable to fix the interest at the 7 SCCH - 19 SC.No.15216/ 2019 rate of 18% p.a. On basis of the oral and documentary evidence, the Plaintiff is entitled to claim the relief as sought for. Accordingly, I answer to the Point No.1 in the Partly Affirmative.
12. POINT No.2: In view of the above discussions and answer to the above Point No.1, it is just and proper to pass the following:
ORDER Suit of the Plaintiff is hereby Partly decreed with costs.
The plaintiff is entitled to recover the decreetal amount of Rs.38,876/ from the defendant with interest at the rate of 18% on principal amount of Rs.25,666/ from the date of the suit till realization.
Draw decree accordingly.
(Dictated to the Stenographer directly on Computer, then corrected by me and pronounced in the open court on this the 6th day of January 2020).
(DYAVAPPA .S.B.) XV Addl. Small Cause Judge & XXIII ACMM, Bengaluru.
8 SCCH - 19 SC.No.15216/ 2019 ANNEXURE:
List of witnesses examined for plaintiff:
PW.1 : Mr. Shushil kumar List of documents marked for plaintiff:
Ex.P.1 : Certified copy GPA Ex P..2 : Authorization Letter Ex.P.3 : Invoice bill Ex.P.4 : Lorry Receipt Ex.P.5 : Ledger Account Ex.P.6 : Copy of Legal notice Ex.P.7 : Postal Acknowledgement Ex.P.8 : Postal Receipt
List of Witnesses examined for Defendant:
Nil List of documents marked for Defendant:
Nil (DYAVAPPA .S.B.) XV Addl. Small Cause Judge & XXIII ACMM, Bengaluru.