Bangalore District Court
M/S.Vijay Flexipack vs Sri.Chamundeshwari Coffee Works on 5 April, 2022
KABC020011092021
C.R.P. 67] Government of Karnataka
Form No. 9
(Civil) TITLE SHEET FOR JUDGEMENTS IN SUITS
Title Sheet for
Judgment in
IN THE COURT OF THE SMALL CAUSES AT
BENGALURU
SCCH14
Dated this the 5th day of April, 2022
Present: Smt.Parveen A Bankapur,
B.Com.LL.B.(Spl),
Member, MACT,
XVI ADDL. JUDGE,
Court of Small Causes,
BENGALURU.
S.C.No.46/2021
PLAINTIFF: M/s.Vijay Flexipack,
a registered Partnership Firm
having its place of business at
Survey No.5/1 & 6/1,
Kariobanahalli Main Road,
Kariobanahalli,
Peenya 2nd Stage,
SCCH-14 2 SC No.46/2021
Bengaluru 560 058.
Represented by its Partnership
Sri.R.Vivek.
(By pleader Sri.K.V.Satish)
V/S
DEFENDANT/S : Sri.Chamundeshwari Coffee Works
B.H.Road, Kadur,
Chikmagalur District 577548.
Represented by its Proprietor,
Sri.Ravish Kumar.
(By pleader Sri.Onkara K.B)
Date of institution of the suit: 11.01.2021
Nature of the suit (suit on
pronote, Money suit
suit for declaration and
possession
suit for injunction, etc.,):
Date of the commencement of 08.04.2021
recording of the evidence:
Date on which the Judgment 05.04.2022
was pronounced:
Year/s Month/s Days
Total duration: 01 02 24
Additional Judge
SCCH-14 3 SC No.46/2021
JUDGMENT
This suit is filed by the plaintiff for recovery of Rs.70,570// decreeing the suit of the Plaintiff.
2. Brief averments of the plaint are as under:
The plaintiff is a partnership firm. The plaintiff firm is engaged in the business of manufacturing packaging materials and the defendant orally placed orders for supply of products of printed pet laminated material. On the orders placed by the defendant, the plaintiff had supplied the materials under the invoices on 08.03.2019 and 16.05.2019 through transport vehicle of Sri.Gowri Transport. In this regard the plaintiff had raised following invoices against the defendant.
1.Invoice No.591 dated 08.03.2019 for a sum of Rs.48,260/
2.Invoice No.58 dated 16.05.2019 for a sum of Rs.10,232/.
Total amount of the invoices is Rs.58,492/. Further submitted that, inspite of providing sufficient time and opportunity, except for acknowledging its liability and promising to make payment, the defendant has not come forward to make SCCH-14 4 SC No.46/2021 any payment. Finally when the defendant has intentionally defaulted in making the payment, the plaintiff issued a legal notice on 16.12.2019 calling upon the defendant to pay total outstanding sum of Rs.58,492/. Hence, the Plaintiff has been constrained to file this suit for recovery of money.
3. On issuance of summons, duly served on the Defendant, appeared through counsel and filed written statement.
The defendant contended that, the plaintiff approached this court with uncleaned hands by producing false and fake bills, invoices and transport documents. By suppressing the truth and material facts, with sole intention to harass and to cause inconvenience, the plaintiff has filed this suit.
The defendant denied that he orally placed orders for supplying of the products of printed pet laminated materials under invoice No.591 and 58 dated 8.3.2019 and 16.5.2019 for a sum of Rs.48,260/ and Rs.10,232/. There is no cause of action to the instant suit. The alleged cause of action stated in the plaint is false. Hence, the defendant prayed for dismissal of the suit with cost.
SCCH-14 5 SC No.46/20214. In order to prove his case, the plaintiff has examined his Partner as PW1 and got marked documents at Ex.P.1 to 13. On the other hand, the defendant No.1 examined as DW.1.
5. Heard both the counsels.
6. The points which arises for my consideration in this case are ; POINTS
1. Whether the plaintiff proves that the defendant had placed orders for supplying of products of printed pet laminated material as per invoices shown in para No.4 of the plaint?
2. Whether the plaintiff proves that defendant is due of Rs.70,570/?
3. Whether the plaintiff is entitled for the relief as prayed for?
4. What order or decree?
7. My answer to the above points are as follows: Point No.1 In the affirmative SCCH-14 6 SC No.46/2021 Point No.2 & 3 In the partly affirmative Point No.4 As per final order for the following : REASONS
8. POINT NO.1 TO 3: Since these points are interlinked with each other, they are taken up together for consideration in order to avoid repetition, as here under.
In order to prove the above points, the plaintiff examined its partner as PW.1 and got marked Ex.P.1 to 13. ExP.1 is the certificate of registration plaintiff firm, Ex.P.2 is VAT registration certificate, Ex.P.3 is GST form, Ex.P.4 is invoice, Ex.P.5 is transport receipts, Ex.P.6 is copy of legal notice, Ex.P.7 is postal receipt, Ex.P.8 is postal acknowledgement, Ex.P.9 is reply notice, Ex.P.10 is ledger accounts, Ex.P.11 is GSTR1 table statements, Ex.P.12 is Forms GSTR1 and Ex.P.13 is certificate u/s 65(B) of Indian Evidence Act.
9. On going through the evidence of PW.1, he has reiterated in his affidavit evidence in consonance with the documents placed on record.
SCCH-14 7 SC No.46/202110. It is deposed by PW.1 that, the plaintiff is a partnership firm. The plaintiff firm is engaged in the business of manufacturing packaging materials and the defendant orally placed orders for supply of products of printed pet laminated material, the orders placed by the defendant, the plaintiff had supplied the materials under the invoices on 08.03.2019 and 16.05.2019 through transport vehicle of Sri.Gowri Transport. In this regard the plaintiff had raised following invoices against the defendant.
1.Invoice No.591 dated 08.03.2019 for a sum of Rs.48,260/
2.Invoice No.58 dated 16.05.2019 for a sum of Rs.10,232/.
Total amount of the invoices is Rs.58,492/. The said invoices are marked at Ex.P4. The defendant has denied the Ex.P4 and stated that he has not received materials as per Ex.P4 invoices. In the crossexamination defendant ie., DW1 stated that, address shown in Ex.P4 was it may his address. He further admits that plaintiff has supplied the laminated prints by lorry. And along with lorry invoice and delivery chalan and lorry receipts were came. He denied that as per Ex.P4, 2 nd invoice material was not received by him.
SCCH-14 8 SC No.46/202111. As per invoice, the total amount is Rs.58,492/ which clearly discloses the invoice No.591 dated 08032019 and invoice No.50 dated 16052019l of plaintiff as per Ex.P.4. The plaintiff has produced Ex.P5 is two carbon copies transport receipts, which are discloses that, plaintiff has sent the laminated prints through Sri Gowri Transport. On the Ex.P2 the signature of the Authorized person of Sri. Gowri Transport is appeared. The defendant has not specifically denied in his reply notice about the Ex.P4 and 5. He only stated that the contentions of the plaintiff were false. He has not specifically denied that he has not received prints from the plaintiff as per Ex.P4. In the crossexamination also DW1 stated that he has not received print material as per invoice No.2.
12. Further, in reply notice as per Ex.P9, defendant alleged that, plaintiff himself is due of Rs.2,00,000/. It is stated in reply notice that, recently the defendant has calculated the amount paid to the plaintiff and found due a sum of Rs.2,00,000/ from the plaintiff. But defendant neither in his written statement nor in his examinationinchief pleaded or stated the said fact. Further, defendant has not produced his statement of account pertaining to laminated print materials SCCH-14 9 SC No.46/2021 supplied by him nor he has produced ledger account pertaining to payment made by him. On the other hand the plaintiff has produced his ledger account as per Ex.P10, which clearly shows that, defendant has due of Rs.58,492/.
13. Further, the plaintiff has produced Ex.P11 is the GSTR1 table statement, in which it appears that invoice amount of defendant. Further the plaintiff has produced forms of GSTR1, which also discloses about the invoices of the plaintiff.
14. On the other hand, in the written statement, the defendant and simply denied the averments of the plaint. Defendant has not taken any specific defence in his written statement. Further, on perusal of the examinationinchief of the defendant as DW1, it is not as per the pleadings of the written statement. In the examination in chief para No.5, it is stated by the defendant that, "he has been doing business with the plaintiff since more than 10 years and there had been a smooth transaction between them. He has entrusted around 40 mettle rollers used to print the covers which worth rupees two lakhs only on the bases of good faith and trust. Even to this date these rollers are with the plaintiff. That, when he SCCH-14 10 SC No.46/2021 requested the plaintiff to return those so that he could get the print outs for a cheaper prices at Bhadravathi which is very near to his place, the plaintiff with the malafide intention to force him to continue the business with him and also to avoid returning the said rollers to him has fabricated all these documents and on the bases of these concocted documents had filed the above suit. The plaintiff has not come before this court with clean hands. The plaintiff with malevolent intention of avoiding him from doing the business with any other has hoisted this false case against him."
15. The above is not pleaded in the writtenstatement of the defendant, neither he taken this contention in his reply notice. This is improvement version of the defendant. Therefore, the evidence of the defendant is doubtful.
16. Therefore on the basis of all the material, the plaintiff has produced sufficient materials and documents to show that, the defendant has placed the order for supplying of laminated prints as per Ex.P4 invoices, the defendant has failed to pay the Ex.P4 amount. Hence, defendant is liable to pay the Invoice SCCH-14 11 SC No.46/2021 amount total Rs.58,492/. In view of this I hold, the suit of the plaintiff has to be decreed with cost. In the plaint, plaintiff has claimed interest at the rate of 18% per annum but he restricted to 12% pa., The amount claimed by the plaintiff is due amount as the defendant as per the invoices. Hence, by considering the present fact and circumstances of the case, it is just and proper that the plaintiff is entitled interest at the rate of 12% p.a., Hence, the plaintiff is entitled due amount along with interest at the rate of 12% from the date due. In view of all these reasons, the plaintiff has proved that the defendant had placed orders for supplying of products of printed pet laminated material as per invoices shown in para No.4 of the plaint and he is entitled for invoices amount of Rs.58,492/ with interest from the date of due. Hence, I answer point No.1 in the affirmative and point No.2 and 3 in the partly affirmative.
13. Point No.3: In view of my findings on point No.1 as above, proceed to pass the following;
: ORDER :
Suit of the plaintiff is decreed against the defendant.SCCH-14 12 SC No.46/2021
The plaintiff is entitled to recover the sum of Rs.58,492/ from the defendant with costs and interest at 12% p.a. from the date of due i.e., 16092019 till the date of realization.
Draw decree accordingly.
(Dictated to the Stenographer and transcribed by her and then corrected by me and pronounced in the open court, on this the 5th day of April, 2022) (Parveen A Bankapur) XVI ADDL.JUDGE, Court of Small Causes, Bengaluru.
ANNEXURE Witnesses examined on behalf of the plaintiff :
PW1 R.Vivek Witnesses examined on behalf of the defendant:
DW1 Ravish Kumar Documents exhibited on behalf of the plaintiff:
Ex.P.1 Certificate of registration
Ex.P.2 VAT registration certificate
Ex.P.3 GST form
SCCH-14 13 SC No.46/2021
Ex.P.4 Invoices (2 in nos.)
Ex.P.5 Transport receipts (2 in nos.)
Ex.P.6 Copy of legal notice
Ex.P.7 Postal receipt
Ex.P.8 Postal acknowledgement
Ex.P.9 Reply notice
Ex.P.10 Ledger accounts
Ex.P.11 GSTR1 table statements
Ex.P.12 Forms GSTR1(2 in nos.)
Ex.P.13 Certificate u/s 65(B) of Indian Evidence Act
Documents exhibited on behalf of the Defendant:
NIL XVI ADDL.JUDGE, Court of Small Causes, BENGALURU.