Bangalore District Court
M/S Onkar Bearing Pvt. Ltd., Rep. By Late ... vs Svb Stone Crusher, Rep. By Its Prop. ... on 5 July, 2024
KABC0A0014462023
IN THE COURT OF LXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU.
(CCH.74)
PRESENT:
Smt. Anitha N.P., B.A.L., L.L.M.,
LXXIII Addl.City Civil & Sessions Judge,
Mayohall Unit, Bengaluru.
Dated this the 05th day of July, 2024.
O.S. No.25581/2023
Plaintiff: M/s. Onkar Bearing Pvt. Ltd.,
Office at No.10, 1st Floor,
Cosmic Embassy, 1st 'B' Cross,
SGN Layout, J.C.Road,
Bengaluru-560027.
Represented by its authorized person/
Manager (Legal),
Sri. Mallikarjuna S.R.,
Aged about 62 years,
S/o late Ramaswamy
And also at:
M/s. Onkar Bearing Pvt. Ltd.,
No.38/1, Laxmipura Village,
Vaderahalli, Sakalvara Road, Jigani
2
O.S. No.25581/2023
Hobli, Anekal Taluk,
Bengaluru560083.
(By Sri. K.S. Sreekantha - Adv.)
V/S
Defendant: SVB Stone Crusher,
Sy. No.81, Tavrekere Village,
Kasaba Hobli, Kunigal Taluk,
Tumkuru-572130.
Represented by its Proprietor,
Sri. Keshav.
(Exparte)
10.04.2023
Date of Institution of the suit
Nature of the (Suit or pro-note,
suit for declaration and SUIT FOR RECOVERY OF
possession, suit for injunction, MONEY
etc.)
Date of the commencement of
25.03.2024
recording of the Evidence.
Date on which the Judgment was
05.07.2024
pronounced.
Year/s Month/s Day/s
Total duration 01 02 25
(Anitha N.P.)
73 Addl. CC & SJ, M.H.Unit,
rd
Bengaluru. (CCH-74)
3
O.S. No.25581/2023
JUDGMENT
The plaintiff has filed this suit as against the defendant seeking the relief of recovery of money of Rs.2,68,580/- along with interest at the rate of 18% per annum and for such other further reliefs.
2. Brief facts of the plaint averments are as under:-
That the plaintiff is authorized Industrial distributor for several companies and he used to supply the industrial needs to its customer. The defendant has approached the plaintiff for the purpose of purchasing the materials on 09.01.2021 vide invoice No.OBPL-BLR/3472 for a sum of Rs.1,08,560/- and on 10.01.2021 vide invoice No.No.OBPL-BLR/3480 for a sum of Rs.82,600/-. After supply there is an out standing amount of Rs.1,91,160/-
with the condition that the out standing amount shall be cleared within 60 days from the date of purchase. The plaintiff has supplied total materials to defendant. Inspite of repeated request and demand of the plaintiff, the 4 O.S. No.25581/2023 defendant has failed to clear the out standing amount as agreed even after the expiry of date. The plaintiff approached defendant several time and requested to clear the out standing amount. Initially the defendant agreed to clear the said amount within six months but he failed to clear the said due amount. Accordingly, the plaintiff has issued notice dated 22.10.2022 calling upon the defendant to pay the out standing amount within 15 days. The said notice was duly served to defendant and inspite of service of notice the defendant failed to pay the amount. The transaction being commercial one and at the time of purchase also the defendant under took to pay interest at the rate of 18% per annum from the date of default. Accordingly, the suit is filed and prayed for decreeing the suit with cost and interest.
3. After service of summons, defendant remained absent, hence he has been placed exparte. 5
O.S. No.25581/2023
4. The plaintiff to substantiate his case got examined its authorized signatory/manager (legal) as P.W.1 and got marked Exs.P.1 to P.6.
5. Heard the arguments of counsel for plaintiff. Perused the pleadings, evidence, documents and available materials placed on record.
6. Following points arisen for my consideration are:-
1. Whether the plaintiff proves that defendant is liable to pay Rs.2,68,580/- with interest at the rate of 18% per annum from the date of suit till its realization?
2. What order or decree?
7. My findings to above points are as under:-
Point No.1: Partly in the Affirmative, Point No.2: As per the final order, for the following:-
REASONS
8. POINT No.1: The plaintiff in order to substantiate his case examined its authorized manager by name 6 O.S. No.25581/2023 Nagendra S. as PW.1 in his affidavit filed in the form of examination-in-chief he has reiterated the plaint averments.
In support of his oral evidence he has produced authorization letter as Ex.P1, invoice dated 09.01.2021 as Ex.P2, invoice dated 10.01.2021 as Ex.P3, copy of notice dated 22.10.2022 as Ex.P4, postal receipt and postal acknowledgment as Ex.P5 and 6.
On perusal of Ex.P2 and 3 the plaintiff has supplied the materials of value of Rs.1,08,560/- and Rs.82,600/- respectively to the defendant on 09.01.2021 and 10.01.2021. On perusal of Ex.P4 notice the same shows that the plaintiff through its advocate has issued the said notice to defendant calling upon the defendant to clear the out standing amount of Rs.1,91,160/- along with interest at the rate of 18% per annum. Ex.P5 & 6 reveals that the said notice was duly served to the defendant on 25.10.2022. On very careful study of Ex.P4 to 6 it shows 7 O.S. No.25581/2023 that the plaintiff has issued the notice to the very same address of defendant shown in the cause title and the notice duly served on defendant. On perusal of the invoice marked at Ex.P2 and 3 it is clear that the defendant has received the materials from the plaintiff and inspite of receipt of materials he has not paid the amount shown under the Ex.P2 and 3. The defendant inspite of service of suit summons not appeared before the court and as per the order dated 05.02.2024 he was placed ex-parte. The same clearly shows that he has no case to make out against the plaintiff. The evidence of PW.1 shows that the defendant is liable to pay the suit amount with interest. The evidence of plaintiff remained unchallenged, there is no reason to deny the case of the plaintiff nor there is any defence contravening the plaint averments. Hence, the court is of the opinion that the plaintiff has proved point No.1. Accordingly, I have answered it in the Affirmative. 8
O.S. No.25581/2023
9. POINT No.4: For the various reasons discussed in point No.1 and findings given on it by me, I proceed to pass the following:-
ORDER Suit of the plaintiff is decreed with costs.
The plaintiff is entitled to recovery a sum of Rs.2,68,580/- with interest at the rate of 6% per annum from the date of suit till its realization from the defendant.
Draw decree accordingly.
(Dictated to the stenographer, transcribed by her and then corrected and pronounced in the open court on this day of 05th day of July, 2024) (Anitha N.P.) 73rd Addl. CC & SJ, M.H.Unit, Bangaluru. (CCH-74) 9 O.S. No.25581/2023 ANNEXURES List of witness examined for the plaintiff's side:
P.W.1 - Sri. Nagendra S., List of documents exhibited for the plaintiff's side:
Ex.P.1 - Authorization letter Ex.P.2-3 - Invoice dated 09.01.2021 and 10.01.2021 Ex.P.4 - Notice dated 22.10.2022 Ex.P.5-6 - Receipt and and acknowledgment
List of witness examined for the defendant's side:
-NIL-
List of document exhibited for the defendant's side:
-NIL-
(Anitha N.P.) 73 Addl. CC & SJ, M.H.Unit, rd Bengaluru. (CCH-74)