Bangalore District Court
Talasila Rajendra Prasad vs Dr.Gunturu Varun on 29 August, 2025
KABC170018992025
IN THE COURT OF LXXXIV ADDL. CITY CIVIL &
SESSIONS JUDGE, AT BENGALURU (CCH-85)
(Commercial Court)
THIS THE 29th DAY OF AUGUST 2025
PRESENT:
SRI. ANAND T. CHAVAN. B.Com.,LL.B.(Spl.)
LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.OS.No.826/2025
Plaintiff:- Talasila Rajendra Prasad,
S/o Late Chalapathirao,
Aged about 77 years,
R/at No.30, Bullet Krishnappa
Layout, Thindlu, Vidyaranyapura,
Bengaluru-560 097.
Phone No.9980285355.
Email: [email protected]
(Rep by Sri. T R Manjunath -Adv)
V/s
2 Com.OS No.826/2025
Defendants:- 1. Dr. Gunturu Varun,
S/o Sri. Gunturu Radhakrishna,
Aged about 40 years,
Dr. Varun Cardiac Sciences (VCS),
(A unit of VCS Health Care Private
Limited) D No.40-9-95 and
40-9-107, Sai Nagar, Trendset Mall,
Service Road, Benz Circle,
Vijayawada, NTR District-520010.
Phone No.0866-2431879,
9493661879
Email:[email protected]
& R/at, Dr. Gunturu Varun,
S/o Sri. Gunturu Radhakrishna,
Aged about 40 years,
R/at No.3-336,
Near Venugopalaswamy Temple,
Mangalagiri, Nutakki, Guntur,
Andhra Pradesh- 522303.
Phone No.0866-2431879,
9493661879
Email:[email protected]
2. Dr. Varun Cardiac Sciences
(VCS), (A unit of VCS Health Care
Private Limited) D No.40-9-95 and
40-9-107, Sai Nagar, Trendset Mall,
Service Road, Benz Circle,
Vijayawada, NTR District-520010.
Rep by Dr. Gunturu Varun.
Phone No.0866-2431879,
9493661879
3 Com.OS No.826/2025
Email:[email protected]
3. VCS Health Care Private
Limited, A company incorporated
and registered under Companies
Act, 2023 bearing CIN
No.U86100AP2023PTC111320,
having its registered and corporate
Office at D No.40-9-95 and
40-9-107, Sai Nagar, Trendset Mall,
Service Road, Benz Circle,
Vijayawada, NTR District-520010.
Phone No.0866-2431879,
9493661879
Email:[email protected]
Rep by its Whole Time Directors:
(a) Dr. Gunturu Varun &
(b) Sireesha Rayala.
4. Sireesha Rayala,
Aged: Major, Father name not
known to plaintiff,
C/o VCS Health Care Private
Limited & VCS Health Care Private
Limited, D No.40-9-95 and
40-9-107, Sai Nagar, Trendset Mall,
Service Road, Benz Circle,
Vijayawada, NTR District-520010.
Phone No.0866-2431879,
9493661879
Email:[email protected]
(Exparte)
4 Com.OS No.826/2025
Date of Institution of the 11.06.2025
suit
Nature of the suit (suit on
pro note, suit for declaration Suit for recovery of Money.
& Possession, Suit for
injunction etc.)
Date of commencement of 13.08.2025
recording of evidence
Date on which judgment 29.08.2025
was pronounced
Total Duration Year/s Month/s Day/s
00 02 18
LXXXIV Addl.City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
The plaintiff has filed present suit against defendants seeking recovery to sum of Rs.92,48,168/- together with current and future interest at the rate of 18% pa., on Rs.60,00,000/- from the date of suit till the date of realization.
5 Com.OS No.826/20252. The brief averments of plaint are that:
The defendant Nos.1 and 4 are whole time directors of defendant No.3 company which is incorporated and registered under Companies Act 2023. Further defendant Nos.1 and 4 own and manage defendant No.3 company by engaging in commercial activities of operating, managing and administrating the hospital in the name of Dr. Varun Cardiac Sciences (VCS) i.e., defendant No.2. Further as per their official website, defendant No.2 is an unit of defendant No.3. Being close relative of plaintiff, first defendant representing himself to be a well established hybrid Cardiothoracic & Vascular Surgeon, Minimally Invasive Cardiac Surgeon, Minimally Invasive Lung Surgeon, Interventional Cardiac Surgeon and TAVI Surgeon, for commercial purpose of expanding/ developing the commercial activities being carried on by him under name and style Dr. Vardun Cardiac Sciences, a hospital established owned, managed and operated by first defendant at Sai Nagar, trend set mall, Service Road, 6 Com.OS No.826/2025 Benz Circle, Vijayawada, NTR District, during 2 nd week of June 2022 approached plaintiff at Bengaluru City and induced to pay sum of Rs.60 lakhs to defendant Nos.1 and 2 as a short term loan for period of 06 months. Further defendant No.1 promised, assured and undertook to repay the said sum together with interest at the rate of 18% per annum to plaintiff. Accordingly plaintiff in good faith and by reposing atmost trust on defendant Nos.1 and 2, lent said sum of Rs.60 lakhs as loan on 13.06.2022 by online transfer through cheque bearing No.972296 dtd.13.06.2022 drawn on Axis Bank, Yelahanka Branch, Bengaluru in favour of 2nd defendant. The said cheque was encashed on 13.06.2022 itself by defendant Nos.1 and 2 and they utilized the said loan for their business and commercial purpose in expanding the commercial activities healthcare/ hospital under the name and style of defendant No.2. Subsequent to availing the aforesaid loan and utilizing the same defendant Nos.1 and 4 formed defendant No.3 company, which 7 Com.OS No.826/2025 is incorporated on 02.06.2023 before Registrar of Companies Andhra Pradesh. For said reason the 3rd and 4th defendants are also beneficiaries of aforesaid loan of Rs.60 lakhs availed by defendant Nos.1 and
2. Hence said defendants are proper and necessary parties and they are jointly and severally liable to pay the suit claim with other defendants. After availing aforesaid loan, defendant Nos.1 and 2 grossly failed to repay the same with interest despite several requests and demands made by plaintiff over the phone. They went on postponing the same for one and the other pretext and they avoided repayment of loan to ensure that the legal claim of plaintiff gets barred by law of limitation. Thereafter plaintiff sent several whatsapp messages to defendants and on their failure to repay the loan amount, he got issued legal notice dtd.17.05.2025 to defendant Nos.1 to 4 by RPAD to their correct addresses and also to their email ID's. By said notice plaintiff called upon defendant Nos.1 to 4 to repay the above loan amount with interest at the rate of 8 Com.OS No.826/2025 18% pa with effect from 13.06.2022 till realization.
The said notices returned with postal endorsement as unclaimed and above addresses of defendants were proper and correct as per their information filed with ROC of State of AP. Further despite service of said notices through email, defendants failed to repay the amount with interest and as on the date of suit they are in due of Rs.92,28,168/- towards aforesaid loan amount, pendent lite interest and notice charges. Further plaintiff filed pre-mediation proceedings on 05.06.2025 under PIM No.1290/2025 on the file of DLSA, Bengaluru Urban and same is pending. These amongst other grounds, it is prayed to the decree the suit, as prayed for.
3. Despite sufficient service of summons, defendant Nos.2 and 3 have remained absent and defendant No.1 has refused to receive the summons. It is further reported that summons of defendant No.4 is returned as "Unclaimed" and defendant No.1 and 4 have not chosen to appear in the case. Hence defendant Nos.1 to 4 are placed exparte.
9 Com.OS No.826/20254. In support of his case, the plaintiff has got examined himself as PW.1 and got marked 28 documents as per Ex.P1 to Ex.P28.
5. Heard arguments of learned counsel for the plaintiff and perused the records.
6. The following points arise for consideration:
1. Whether plaintiff proves that, defendant nos.1 and 2 have borrowed loan of Rs.60,00,000/-
from him for commercial purpose of expanding and developing the hospital services as averred in the suit and they agreed to repay it with interest at the rate of 18% pa.,?
2. Whether plaintiff proves that, defendant Nos.3 and 4 are also benefitted from the aforesaid loan and they are jointly and severally liable to repay the said loan with defendant No.1 and 2?
3. Whether plaintiff is entitled for relief sought?
4. What order or decree?
10 Com.OS No.826/20257. The followings are answers to above:
Point No.1:- In the Affirmative.
Point No.2:- In the Negative.
Point No.3:- Partly in the Affirmative. Point No.4:- As per the final Order for the following;
REASONS
8. POINT Nos.1 to 3:- These points are taken up together for consideration, in order to avoid repetition of facts and evidence. It is the specific case of the plaintiff that first defendant representing himself to be a cardiac surgeon approached plaintiff for loan for the commercial purpose of expanding/ developing the commercial activities being carried on by him in defendant No.2 hospital by name Dr. Varun Cardiac Sciences, assuring to repay the said sum together with interest at the rate of 18% per annum to plaintiff within 6 months and by reposing utmost trust on defendant Nos.1 and 2, plaintiff lent said sum of Rs.60 lakhs as loan on 13.06.2022 by online transfer through cheque bearing No.972296 dtd.13.06.2022 drawn on Axis Bank, Yelahanka 11 Com.OS No.826/2025 Branch, Bengaluru in favour of 2nd defendant, defendant Nos.1 and 2 utilized the said loan for their business and commercial purpose in expanding the commercial activities healthcare/ hospital under the name and style of defendant No.2 and subsequently they grossly failed to repay the same with interest despite several requests, demands made by plaintiff over the phone and also despite issuance of legal notice dtd.17.05.2025 to defendant. Hence plaintiff is constrained to file present suit.
9. In support of his case, the plaintiff by name Talasila Rajendra Prasad S/o Late Chalapathirao has entered into witness box as PW.1 and filed his chief examination affidavit by reiterating entire averments of plaint. Further PW1 has got marked following documents as per Ex.P1 to Ex.P28.
Copies of official website of VCS Health Care (D3) Ex.P1 (page Nos.18 to 24) Certified copy of bank statement extract of Ex.P2 plaintiff (page Nos.25 to 49) Copy of whatsapp message send by plaintiff to Ex.P3 defendant No.1 (02 pages) 12 Com.OS No.826/2025 Office copy of legal notice issued to defendants Ex.P4 dated 17.05.2025 Ex.P5 to 06 postal receipts P10 Ex.P11 to Unserved postal covers addressed to defendants P22 along with respective postal track records Ex.P23 & Copies of two emails P24 My IT return acknowledgment of AY 2023-24 with Ex.P25 balance sheet and account statements (page Nos.90 to 121) My IT return acknowledgment of AY 2024-25 with Ex.P26 account statements (page Nos.122 to 155) Ex.P27 My certificate U/Sec.63 of BSA, 2023 Non starter report issued by DLSA, Bengaluru Ex.P28 Urban in PIM No.1290/2025
10. The aforesaid oral and documentary evidence adduced by PW.1 clearly shows that the loan transaction between defendant Nos.1 and 2 and plaintiff. Ex.P1 copies of official website of defendant No.3 company discloses that, it is established in the name of defendant No.1. Most importantly Ex.P2 bank account statement issued by Axis Bank clearly depicts that on 13.06.2022 the present plaintiff has 13 Com.OS No.826/2025 transferred an amount of Rs.60,00,000/- to defendant No.2 vide Cheque No.972296 and said entry is sufficient to believe borrowing of suit loan amount by defendant Nos.1 and 2. Further Ex.P3 whatsapp message depicts demand may be plaintiff for repayment of aforesaid loan amount and Ex.P4 legal notice sufficiently shows that defendant Nos.1 to 4 are called upon to repay the said loan with accrued interest at the rate of 18% per annum with effect from 13.06.2022. Ex.P5 to Ex.P10 postal receipts and Ex.P11 to Ex.P22 postal covers with their respective track consignment records disclose that majority of notices are returned as unclaimed by defendants, which is sufficient to believe that they have intentionally evaded the service of notices. Further Ex.P23 and Ex.P24 copies of email shows forwarding of legal notice through email and Ex.P25 to Ex.P27 IT returns of plaintiff depict sufficient income and source of plaintiff to advance aforesaid loan amount. Further Ex.P27 certificate is filed in respect of electronic documents and Ex.P28 non-
14 Com.OS No.826/2025starter report issued by DLSA Bengaluru Urban PIM No.1290/2025 discloses that the aforesaid per- institution proceedings has ended on 29.07.2025 in view of refusal of notice by defendants side.
11. Further despite sufficient service of summons of this case, defendants have not chosen to contest the suit on merits by appearing in the matter. Hence the oral and documentary evidence adduced by plaintiff has remained unchallenged. These all documents have inspired the confidence of the court with regard to advancement of suit loan by plaintiff to defendant Nos.1 and 2 for commercial purpose, that is for development of hospital and healthcare services by said defendants. However plaintiff has asserted that, though aforesaid loan was advanced to defendant Nos.1 and 2, defendant Nos.3 and 4 are beneficiaries of said loan amount as defendant No.3 company has been established, owned and managed by defendant Nos.1 and 4 by utilizing the aforesaid loan amount. Hence defendant Nos.3 and 4 are also said to be jointly and severally liable to pay the suit claim.
15 Com.OS No.826/2025However the aforesaid documents produced by plaintiff are not sufficient to prove that defendant Nos.1 and 4 have established defendant No3. Company by utilizing the aforesaid loan amount advanced by plaintiff and no other cogent evidence is put forth by plaintiff to prove said fact. Under such circumstances, in the absence of necessary documents proving nexus between aforesaid loan and defendant Nos.3 and 4, said defendants cannot be held liable to repay the loan amount as prayed for in the suit. On the other hand, the aforesaid documents are sufficient to believe that defendant No.1 being responsible person of defendant No.2 establishment, has borrowed aforesaid loan amount in the name of defendant No.2 for commercial purpose and as such defendant Nos.1 and 2 are jointly and severally liable to repay the aforesaid loan amount to plaintiff with interest. Further despite issuance of legal notice and filing of present suit seeking recovery of above amount with interest, defendant Nos.1 and 2 have not contested the 16 Com.OS No.826/2025 present suit nor they have denied or disputed the above rate of interest by replying to the legal notice. Moreover admittedly the alleged loan is said to have been borrowed for the commercial purpose of development and expansion of health services/ hospital by defendant Nos.1 and 2 and as such said defendants are definitely liable to repay the aforesaid loan amount with Rs.32,28,168/- beinginterest pendent lite and future interest at the rate of 18% per annum from the date of suit till realization. Further plaintiff may also be held entitled to claim notice charges of Rs.10,000/- against defendants. Hence considering all these aspects, defendant Nos.1 and 2 are liable to pay an amount of Rs.92,38,168/- to plaintiff with future simple interest at the rate of 18% per annum from the date of suit till realization. Further for above reasons, suit against defendant Nos.3 and 4 deserves to be dismissed. Hence, Point No.1 to 3 are answered accordingly.
12. POINT NO.4:- For the reasons stated and finding given on Point Nos.1 to 3, following is;
17 Com.OS No.826/2025ORDER The suit of the plaintiff is decreed in part with costs.
The Defendant Nos.1 and 2are jointly and severally liable to pay Rs.92,38,168/- to plaintiff with future interest at the rate of 18% per annum from the date of suit till realization.
The suit stands dismissed against defendant Nos.3 and 4.
Draw decree accordingly.
Office to send soft copies of this judgment to the e-mail Id's of the both parties, as provided U/o XX Rule 1 of CPC, if email IDs are furnished.
[Dictated to the Stenographer Grade-III, directly on the computer, typed by her, then corrected and signed by me and pronounced in the Open Court, dated this the 29th day of August 2025] ANAND T Digitally signed by ANAND T CHAVAN CHAVAN Date: 2025.09.02 12:31:32 +0530 (ANAND T. CHAVAN) LXXXIV Addl.City Civil & Sessions Judge, Bengaluru.
18 Com.OS No.826/2025ANNEXURE LIST OF DOCUMENTS PRODUCED ON BEHALF OF THE PLAINTIFF ALONG WITH PLAINT PW-1 Talasila Rajendra Prasad LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Copies of official website of VCS Health Care (D3) Ex.P1 (page Nos.18 to 24) Certified copy of bank statement extract of Ex.P2 plaintiff (page Nos.25 to 49) Copy of whatsapp message send by plaintiff to Ex.P3 defendant No.1 (02 pages) Office copy of legal notice issued to defendants Ex.P4 dated 17.05.2025 Ex.P5 to 06 postal receipts P10 Ex.P11 Unserved postal covers addressed to defendants to P22 along with respective postal track records Ex.P23 & Copies of two emails P24 My IT return acknowledgment of AY 2023-24 with Ex.P25 balance sheet and account statements (page Nos.90 to 121) Ex.P26 My IT return acknowledgment of AY 2024-25 with 19 Com.OS No.826/2025 account statements (page Nos.122 to 155) Ex.P27 My certificate U/Sec.63 of BSA, 2023 Non starter report issued by DLSA, Bengaluru Ex.P28 Urban in PIM No.1290/2025 LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL Digitally signed by ANAND T ANAND T CHAVAN CHAVAN Date: 2025.09.02 12:31:25 +0530 (ANAND T. CHAVAN) LXXXIV Addl.City Civil & Sessions Judge, Bengaluru.