Bangalore District Court
M/S Salcon Mep Services Pvt Ltd vs M/S Avesthagen Ltd on 28 February, 2025
KABC170018992024
IN THE COURT OF LXXXVII ADDL.CITY CIVIL &
SESSIONS JUDGE, (COMMERCIAL COURT) BENGALURU
(CCH.88)
Present: Smt. Roopa K.N., B.Sc., LL.B.,
LXXXVII Addl.City Civil &
Sessions Judge, Bengaluru.
Dated: 28th day of February 2025
Com.O.S. No.968/2024
PLAINTIFF : 1. M/S SALCON MEP SERVICES PVT.
LTD.,
Regd. office No.30,
3rd Floor, 1st Cross,
Krishna Reddy Layout,
Ramamurthy Nagar,
Bengaluru-560 016,
Represented by its Director &
Authorised Signatory
Mr.Sandesh Chukkath,
Aged about 39 years.
(Rep. By Sri.D.P.- Adv.)
-Vs-
DEFENDANT : 1. M/S AVESTHAGEN LTD.,
Registered office:
No.14, 2nd Floor,
/2/
Com.O.S.No.968/2024
Sethna Yolee Building,
Pottery Road, Fraser Town,
Bengaluru-560 005.
Represented by its Managing
Director,
Dr.Villoo Morawa Patell.
(Exparte)
Date of Institution of the suit 15.07.2024
Nature of the suit (suit on pronote, Recovery of money
suit for declaration & Possession,
Suit for injunction etc.)
Date of commencement of
25.10.2024
recording of evidence
Date on which judgment was
pronounced 28.02.2025
Total Duration Year/s Month/s Day/s
00 07 13
Sd/-
(ROOPA K.N.),
LXXXVII Addl.City Civil & Sessions Judge,
(Exclusive dedicated Commercial Court)
Bengaluru.
:JUDGMENT:
The Plaintiff has filed the suit against the Defendant for recovery of Rs.76,52,956/- (Rupees Seventy six lakhs fifty two thousand nine hundred and fifty six only) with /3/ Com.O.S.No.968/2024 current/future interest at the rate of 18% per annum from the date of filing of the suit till realization.
2. It is the case of the plaintiff that, plaintiff is a private limited company engaged in business of providing total Turnkey Solutions for various establishment. Defendant approached the plaintiff and represented that, it is in the process of commissioning of ultra freezers etc., and requested the plaintiff to provide quotation. Accordingly, plaintiff submitted his quotation on 15.11.2019 for sum of Rs.1,82,49,547/-. Knowing fully well that, quotation submitted by the plaintiff was the lowest defendant agreed with the terms of contract. Thereafter, petitioner provided discount and quote was reduced to Rs.1,75,00,000/-. Accordingly, defendant placed purchase order on 18.11.2019 as per which plaintiff supplied materials. But defendant did not paid the money due to plaintiff. Thereafter, defendant paid Rs.1,28,41,270/- and failed to /4/ Com.O.S.No.968/2024 pay balance amount of Rs.55,40,780/-. Plaintiff issued demand letter on 25.05.2022 but defendant failed to pay the money. Hence, plaintiff has filed this suit for recovery of suit claim amount.
3. After of issuance of summons defendant did not appeared and hence, he was placed exparte.
4. Plaintiff got examined himself as PW1 and got marked Ex.P.1 to Ex.P.15.
5. Heard, learned counsel for the plaintiff.
6. Now the point that arise for my consideration are:
1. Whether the plaintiff proves that the defendant is liable to refund the remaining balance security deposit of Rs.76,52,956/-
with current/future interest at the rate of 18% per annum ?
2. What order or decree ?
7. My findings on the above Points are as under:
Point No.1 : In the Affirmative.
Point No.2: As per the final order for the following reasons, /5/ Com.O.S.No.968/2024 :REASONS:
8. Points No.1 :- In order to prove his case, one Sandesh Chukkath, the Director and authorized signatory was examined as PW1 and he got marked Ex.P.1 to Ex.P.15. If we peruse the oral and documentary evidence of plaintiff Ex.P.1 is the Article of association, Ex.P.4 is the quotation, Ex.P.5 to 7 are the tax invoices, Ex.P.8 and 9 are the key handover letter, work completion certificate and all these documents clearly shows that, though plaintiff had placed quotation defendant did not made full payment despite issuing demand notices on 25.05.2022 and 27.05.2022. The conduct of defendant in not appearing before this court despite due service of summons to them clearly shows that, they admit the claim of plaintiff. Accordingly I hold plaintiff is entitle for suit claim amount. Accordingly, I answer point No.1 in Affirmative.
9. Point No.2 :- For the aforesaid reasons, I proceed to pass the following:
/6/ Com.O.S.No.968/2024 ORDER Suit of the Plaintiff is hereby decreed with cost.
Defendant is hereby directed to pay the plaintiff a sum of Rs.76,52,956/- (Rupees Seventy six lakhs fifty two thousand nine hundred and fifty six only) with current/future interest at the rate of 18% per annum from the date of filing of the suit till realization.
Draw decree accordingly. (Dictated to the Stenographer, typed by her, corrected and then pronounced by me in open Court on this the 28th day of February 2025.) Sd/-
(ROOPA K.N.), LXXXVII Addl.City Civil & Sessions Judge, (Exclusive dedicated Commercial Court) Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF :
PW-1 Sandesh Chukkath LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P.1 Article of association /7/ Com.O.S.No.968/2024 Ex.P.2 Memorandum of association Ex.P.3 Board resolution Ex.P.4 Quotation dated 14.11.2019 Ex.P.5 to 7 Tax invoices Ex.P.8 Original keys handing over letter dated 11.03.2020 Ex.P.9 Work completion Certificate dated 01.04.2020 Ex.P.10 E-mails Ex.P.11 Attested copy of the Ledger Extract Ex.P.12 Pen-Drive Ex.P.13 Notice dated 25.05.2022 and 27.05.2022 Ex.P.14 Certificate U/sec 63(4)(c) of BSA 2023 Ex.P.15 PIM LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANTS Nil LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANTS Nil Sd/-
(ROOPA K.N.), LXXXVII Addl.City Civil & Sessions Judge, (Exclusive dedicated Commercial Court) Bengaluru.