Bangalore District Court
M/S. A.V. Creation vs M/S. Shree Oshiya Ji Distributors on 14 January, 2022
SCCH-21 SC-15209/2021
IN THE COURT OF THE XVII ADDL. JUDGE, COURT OF
SMALL CAUSES &
ADDL. CHIEF METROPOLITAN MAGISTRATE,
MAYO HALL UNIT, BENGALURU (SCCH-21).
Dated this the 14th day of January 2022
PRESENT: SMT. VANI A. SHETTY, B.A. Law L.L.B
XVII ADDL. JUDGE, Court of Small Causes
& ACMM, Bengaluru.
S.C. No.15209/2021
PLAINTIFF : M/s. A.V. Creation,
No.86, 1st Floor, Patel Plaza,
Jumma Masjid Road,
Avenue Road Cross,
Bengaluru - 560 002.
Sole proprietor of
Mr. Aniani Kumar Banka,
Aged about 58 years,
S/o Late Krishnanand Banka,
Reptd. by his GPA Holder,
Mr. Aditya Banka,
S/o Aniani Kumar Banka,
Aged about 27 years.
(By Sri Chand Pasha, advocate)
V/s.
DEFENDANT : M/s. Shree Oshiya Ji Distributors,
Shop No.13, Ajihmed Tower,
Muhavir Peth, Karjat - 410 201,
Maharashtra State.
By its Proprietor,
Mr. Bhushan Sheshmal Bafna,
Father's name not known,
Major in age.
(Exparte)
SCCH-21 2 SC.15209/2021
Date of institution of the suit : 06.12.2021
Nature of the suit : Money suit
Date of commencement of : 03.01.2022
recording of the evidence
Date on which the Judgment : 14.01.2022
was pronounced
Duration of the suit Year/s Month/s Day/s
00 01 08
JUDGMENT
The plaintiff has filed the suit for recovery of sum of Rs.1,50,000/- with interest @ 18% per annum from the date of the suit till its realization.
2. The case of the plaintiff in brief as follows:
The plaintiff is the whole seller of textile goods and the defendant is one of its customer. The defendant has purchased the goods under the bill Nos.075, 503 and 039 dated 18.04.2018, 13.10.2018 and 04.10.2019 for Rs.51,240/-, Rs.88,032/- and Rs.15,530/- respectively.The plaintiff dispatched the goods to the defendant and the defendant confirmed the same. Thereafter, the defendant has made part payments on various dates and is still in due an amount of Rs.94,807/- and the defendant issued a cheque bearing Nos.000142, 000952 and 000337 dated 07.04.2018, 22.07.2018 and 25.03.2019 for a sum of Rs.11,997/-, Rs.19,257/- and Rs.25,000/- respectively drawn on Bandhan Bank, Karjat Branch, Maharashtra State, towards the balance payment. The plaintiff presented the said cheque SCCH-21 3 SC.15209/2021 through its banker and the bank returned the first cheque with an endorsement for the reason as 'drawers signature differ' and the second cheque as 'instrument outdated' and the third cheque as 'drawers signature differs'. Thereafter, the plaintiff got issued legal notice to the defendant on 30.08.2021. The said notice was duly served on the defendant. But, the defendant failed to comply the demands made therein. Hence, the plaintiff has filed this suit.
3. On service of summons, the defendant has not appeared before the court and hence, it was placed exparte.
4. In order to prove the case, the GPA Holder of the plaintiff got examined himself as PW.1 and got marked Ex.P1 to Ex.P17 documents.
5. Heard the argument.
6. The points that arise for my consideration are;
1. Whether the plaintiff has proved that the defendant has purchased the goods and it is in due of sum of Rs.94,807/- as alleged?
2. Whether the plaintiff is entitled for the suit claim of Rs.1,50,000/- with interest @ 18% per annum from the date of suit till its realization?
3. What order or decree?
7. My answer to the above points is:
Point No.1 : In the Affirmative, Point No.2 : In the Affirmative, SCCH-21 4 SC.15209/2021 Point No.3 : As per the final order for the following:
REASONS
8. POINT NO.1: As per the case of the plaintiff, the defendant has purchased the goods under the bill Nos.075, 503 and 039 dated 18.04.2018, 13.10.2018 and 04.10.2019 for Rs.51,240/-, Rs.88,032/- and Rs.15,530/- respectively. In order to prove the case, the GPA Holder of the plaintiff got examined himself as PW.1 and reiterated the plaint averments. In support of the case, the plaintiff has produced the GPA at Ex.P1, invoices at Ex.P2 to 4. Ex.P2 to 4 invoices show that the defendant had purchased the materials from the plaintiff worth Rs.51,240/-, Rs.88,032/- and Rs.15,530/- on 10.04.2019, 18.04.2018 and 13.10.2018. Ex.P5 to 7 are the receipts which show that the goods were dispatched to the defendant on 11.04.2019, 21.04.2018 and 20.10.2018 respectively. Ex.P8 is the ledger account extract which shows that the defendant is in due of sum of Rs.94,807/- as on 02.11.2021. Ex.P9 to 11 are the cheque bearing Nos.000142, 000952 and 000337 dated 07.04.2018, 22.07.2018 and 25.03.2019 for a sum of Rs.11,997/-, Rs.19,257/- and Rs.25,000/- drawn on Bandhan Bank, Karjat Branch, Maharashtra State. Ex.P12 to 14 are bank endorsements. Ex.P15 is the legal notice dated 30.08.2021. Ex.P16 is the postal receipt evidencing the issuance of notice to the defendant and Ex.P17 is the postal acknowledgment. The positive evidence of PW.1 remained undisputed. The documents produced by the plaintiff remained unchallenged SCCH-21 5 SC.15209/2021 and uncontroverted. Hence, I am constrained to hold that the defendant has purchased the goods from the plaintiff and it is in due of sum of Rs.94,807/- to the plaintiff. Accordingly, I answer Point No.1 in the Affirmative.
9. POINT NO. 2: The plaintiff is claiming a sum of Rs.1,50,000/- including the interest and legal notice charges. The plaintiff is further claiming future interest on the said amount at 18% per annum from the date of the suit till its realization. Admittedly, the transaction between the plaintiff and the defendant is a commercial transaction. Since, the defendant has not paid the amount within the agreed time, the plaintiff is entitled for the notice charges and interest. But, the future interest claimed by the plaintiff is not appears to be excessive and exorbitant. Hence, I deem it proper to direct the defendant to pay an amount of Rs.1,50,000/- with interest @ 18% per annum from the date of the suit till its realization. Accordingly, I answer Point No.2 in the Affirmative.
10. POINT No.3: In view of answers given to the above points, I pass the following:
ORDER The suit is decreed with cost.
The defendant is directed to pay a sum of Rs.1,50,000/- with interest @ 18% per annum from the date of the suit till its realization.SCCH-21 6 SC.15209/2021
Draw decree accordingly.
(Dictated to the Stenographer directly on computer, typed by her, corrected by me and then pronounced in the Open Court on this the 14th day of January 2022) (VANI A. SHETTY) XVII ADDL.JUDGE, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU.
ANNEXURE List of witnesses examined on behalf of plaintiff:
PW.1: Aditya Banka List of documents marked on behalf of plaintiff:
Ex.P1 : Original GPA Ex.P2 to 4 : Invoices Ex.P5 to 7 : Receipts Ex.P8 : Ledger account extract Ex.P9 to 11 : Cheques Ex.P12 to 14 : Bank endorsements Ex.P15 : Office copy of legal notice Ex.P16 : Postal receipt Ex.P17 : Postal acknowledgment
List of witnesses examined on behalf of defendant: -Nil- List of documents marked on behalf of defendant: -Nil-
(VANI A. SHETTY) XVII ADDL.JUDGE, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU.