Bangalore District Court
S. Kumar Hues And Weaves vs Suha Collections on 1 October, 2024
KABC170012502024
IN THE COURT OF LXXXV ADDL. CITY CIVIL &
SESSIONS JUDGE, AT BENGALURU (CCH-86)
(Commercial Court)
THIS THE 1st DAY OF OCTOBER 2024
PRESENT:
SRI.ARJUN. S. MALLUR. B.A.L.LL.B.,
(CCH-86)
LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.OS.No.682/2024
BETWEEN:
S. Kumar Hues And Weaves
Rep. By Its Proprietor Smt.Anju Poddar,
Office At No.22, 1st Floor,
Hospital Road, Bengaluru-560 053.
: PLAINTIFF
(Represented by Sri. Suresh M.R., Advocate)
AND
SUHA collections
Rep. By Its Prop. Adiba Ba,
Silver Plaza Shop No.1,
95/1, Ebrahim Saheb Street,
2 Com.OS.682/2024
Annex Commercial Street,
Bangeluru-560 001,
Ph Nos:815830699, 9900054776
: DEFENDANT
(Ex-parte)
Date of Institution of the suit 24-04-2024
Nature of the suit (suit on
pronote, suit for declaration &
Possession, Suit for injunction Suit for recovery
etc.)
Date of commencement of 04.09.2024
recording of evidence
Date on which judgment was 01-10-2024
pronounced
Total Duration Year/s Month/s Day/s
00 05 07
(ARJUN. S. MALLUR)
LXXXV Addl.City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
Suit for recovery of a sum of Rs.2,85,878.82ps (Rupees Two Lakh Eighty Five Thousand Eight Hundred Seventy Eight and Eighty Two Paise Only) with interest of Rs.1,61,921.74ps(Rupees One Lakh 3 Com.OS.682/2024 Sixty One Thousand Nine Hundred Twenty One and Seventy Four Paise Only) and future interest at 18% per annum from the date of the suit till realization.
2. The case of the plaintiff in brief is as under:-
The plaintiff is a proprietorship concern engaged in the business of wholesale dealership of silk, cotton fabrics and other silk and cotton materials. The defendant being one of the customer of the plaintiff had purchased various kinds of silk and cotton fabrics and materials on credit basis under various invoices from 15.11.2019 to 19.03.2020. The account of the defendant with the plaintiff was a running account and the defendant used to make payment in parts and was placing orders for supply of the materials. It is submitted that defendant has been due in a sum of Rs.4,65,878.82ps. Out of the said amount the defendant paid a sum of Rs.1,80,000/- and agreed to pay the balance amount within a short period. Thereafter defendant issued a cheque dated 20.04.2021 for Rs.20,000/-, cheque dated 30.04.2021 for a sum of Rs.20,000/- and another cheque dated 14.12.2021 for a sum of Rs.15,000/-
4 Com.OS.682/2024 towards part payment of the balance amount. All the cheques when presented for encashment dishonored with the endorsement "insufficient funds". It is submitted that the defendant has failed to make the payment of cheque amounts or pay the balance amount in-spite of repeated demands. The plaintiff issued a legal notice dated 27.03.2023 calling upon the defendant to repay the outstanding due amount within 15 days. The notice was served on 29.03.2023. Thereafter the defendant issued cheque dated 16.03.2024 for Rs.20,000/- towards part repayment of the dues which also dishonored for insufficient funds. The plaintiff filed pre-institution mediation proceedings under PIM No.3034/2023. The defendant failed to appear in the PIM proceedings which came to be closed as a non starter. Hence the suit.
3. Summons sent to the defendant has returned unserved with the endorsement not claimed. Service of the summons was held to be sufficient and defendant is placed as ex-parte.
5 Com.OS.682/2024
4. The proprietor of the plaintiff examined himself as P.W.1 and has got marked documents at Ex.P.1 to P.29.
5. Heard the arguments of the learned counsel for the plaintiff and perused the entire record.
6. Now the points that arise for my consideration are:
1) Whether the plaintiff bank is entitled for recovery of the suit claim as prayed?
2) What order or decree?
7. My answers to the above points are as under:
Point No.1:- In the Affirmative Point No.2:- As per the final Order for the following;
REASONS
8. POINT NO.1:- The proprietor of the plaintiff examined himself as P.W.1 reiterating the averments made in the plaint. He has got marked documents at Ex.P.1 to P.29. Ex.P.1 is the Non starter report in PIM 6 Com.OS.682/2024 3034/2023. Ex.P.2 is the GST registration certificate of the plaintiff. Ex.P.3 is the E-way bill dated 19.03.2020. Ex.P.4 to P.21 are the various GST Invoices with vouchers regarding supply of the cotton and silk fabrics and materials to the defendant on credit basis. Ex.P.22 is the Ledger account which discloses the outstanding due as Rs.2,85,878.82ps. Ex.P.23 to P.26 are the various cheques with written memo issued by the defendant and dishonoured for insufficient funds. Ex.P.27 is the legal notice dated 27.03.2023. Ex.P.28 is the Postal acknowledgment regarding due service of the notice. Ex.P.29 is the Certificate u/S 63(4) of BSA, 2023.
9. The defendant has refused to receive the summons sent to him. The affidavit evidence of the plaintiff and documents have remained unchallenged. These documents clearly shows that defendant had purchased various cotton and silk fabrics and materials on credit basis from the plaintiff and had only made part payment and still due to pay the suit claim which is evident from the ledger extracts. Cheques issued by the defendant towards part repayment have been dishonored which is evident 7 Com.OS.682/2024 from Ex.P.23 to P.26. The defendant has failed to clear the outstanding amount in spite of service of notice which is evident from Ex.P.27 and P.28. Therefore there is no hesitation to hold that the plaintiff is entitled for recovery of the suit claim as prayed and accordingly, I answer Point No.1 in the Affirmative.
10. POINT NO.2:- For the aforesaid reasons, I proceed to pass the following;
ORDER The suit of the plaintiff is decreed with costs.
The defendants shall pay to the plaintiff a sum of Rs.2,85,878.82ps (Rupees Two Lakh Eighty Five Thousand Eight Hundred Seventy Eight and Eighty Two Paise Only) with interest Rs.1,61,921.74ps(Rupees One Lakh Sixty One Thousand Nine Hundred Twenty One and Seventy Four Paise Only) with future interest at 18% per 8 Com.OS.682/2024 annum from the date of the suit till realization Draw decree accordingly.
[Dictated to the Stenographer Grade-1, transcribed by her, corrected and signed by me then pronounced in the Open Court, dated this the 1st day of October 2024] (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru.
ANNEXURE LIST OF DOCUMENTS PRODUCED ON BEHALF OF THE PLAINTIFF ALONG WITH PLAINT PW-1 Smt. Anju Poddar LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P.1 Non starter report in PIM 3034/2023. Ex.P.2 GST registration certificate. Ex.P.3 E-way bill dated 19.03.2020. Ex.P.4 & 5 GST invoice with voucher dated 15.11.2019. Ex.P.6 & 7 GST invoice with voucher dated 15.11.2019. Ex.P.8 & 9 GST invoice with voucher dated 16.11.2019. Ex.P.10 & 11 GST invoice with voucher dated 25.11.2019. Ex.P.12 & 13 GST invoice with voucher dated 30.11.2019. Ex.P.14 & 15 GST invoice with voucher dated 06.12.2019. Ex.P.16 & 17 GST invoice with voucher dated 06.12.2019. Ex.P.18 & 19 GST invoice with voucher dated 12.12.2019. Ex.P.20 & 21 GST invoice with voucher dated 19.03.2020.
Ex.P.22 Ledger extract.
Ex.P.23 Cheque dated 20.04.2021 with return memo.
9 Com.OS.682/2024
Ex.P.24 Cheque dated 30.04.2021 with return memo.
Ex.P.25 Cheque dated 14.12.2021 with return memo.
Ex.P.26 Cheque dated 25.12.2021.
Ex.P.27 Office copy of legal notice dated 27.03.2023.
Ex.P.28 Postal acknowledgment with receipt.
Ex.P.29 Certificate u/S 63(4) of BSA, 2023.
LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL Digitally signed by ARJUN ARJUN SRINATH SRINATH MALLUR MALLUR Date:
2024.10.01 15:29:05 +0530 (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru.