Bangalore District Court
Carl Zeiss India (Bangalore) vs M/S. Able Traders on 29 September, 2021
1
Com.O.S.356/2021
IN THE Court OF LXXXVII ADDL.CITY CIVIL & SESSIONS
JUDGE, (EXCLUSIVE COMMERCIAL Court)
AT BENGALURU (CCH.88)
THIS THE 29th DAY OF SEPTEMBER 2021
PRESENT:SRI.CHANDRASHEKHAR U., B.Sc., LL.M.,
LXXXVII ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.O.S.No.356/2021
PLAINTIFF : CARL ZEISS INDIA (BANGALORE)
PRIVATE LIMITED
A Company incorporated under the
Companies Act, 1956, having its
registered office at Plot No.3, Jigani Link
Road, Bommasandra Industrial Area,
Bengaluru-560099 and represented
herein by its Authorised Signatory &
Head-Legal and Compliance,
Mr.Praveen Jha.
(Sri.S SUSHANT VENKATESH PAI,
ADVOCATE)
AND
DEFENDANTS: 1.M/s. ABLE TRADERS,
A Sole Proprietorship Concern, having
its registered office at No.9,
Pattravakkam Road, Ramapuram,
Ambattur, Chennai-600503 and
represented herein by its Sole
Proprietor Mr.Yuvaraj.
2. Mr.YUVARAJ,
Sole Proprietor, M/s.Able Traders,
Father's name unknown to the Plaintiff,
Aged Major, having office at No.9,
Pattravakkam Road, Ramapuram,
Ambattur, Chennai-600503.
(Exparte)
2
Com.O.S.356/2021
Date of Institution of the 23.04.2021
suit
Nature of the suit (suit on
pronote, suit for
declaration & Possession, Suit for recovery of money
Suit for injunction etc.)
Date of commencement of 22.09.2021
recording of evidence
Date on which judgment
was pronounced 29.09.2021
Total Duration Year/s Month/s Day/s
00 05 06
(CHANDRASHEKHAR U),
LXXXVII Addl.City Civil & Sessions Judge,
(Exclusive Commercial Court)
Bengaluru.
JUDGMENT
The plaintiff has filed the suit for recovery of a sum of Rs.10,54,688.82/- (Rupees ten lakh fifty four thousand six hundred eighty eight and eighty two paise only) and to direct the defendants to pay a sum of Rs.3,12,339.54/- (Rupees three lakh twelve thousand three hundred thirty nine and fifty four paise only) with interest at rate of 1.5% per annum compounded monthly from 13.10.2019 till the date and to direct the defendants to pay a sum of Rs. In total 3 Com.O.S.356/2021 13,67,028.36/- (Rupees thirteen lakhs sixty seven thousand twenty eight and thirty six paise only) with interest at 1.23% per annum compounded monthly.
2. It is the case of the plaintiff that plaintiff is engaged in business of manufacture and sale of optical lenses, medical devices, industrial quality solutions products, microscopes and sports optics products. The defendant placed order over telephone for the supply of Intra Ocular Lenses to the tune of worth Rs.19,12,500.98/- (Rupees nineteen lakh twelve thousand five hundred and ninety eight paise only) by raising invoices. As per the terms of the invoices, the payment for the supply of IOLs must be made immediately upon the receipt of the invoices by the defendants. The defendants made a part payment of Rs.3,50,000/- (Rupees three lakh fifty thousand only) out of the total amount of Rs.19,12,500.98/- (Rupees nineteen lakh twelve thousand five hundred and ninety eight paise only). Further, the defendant issued three cheques drawn on Deutsche Bank, MG Road and amount was credited to the account of the plaintiff. On the payment to the plaintiff, they have acknowledged the liability for the supply of IOLs to them. In spite of repeated demands, the defendants 4 Com.O.S.356/2021 have not paid the amount and as on the date of suit, they were due in a sum of Rs.13,67,028.36/- (Rupees thirteen lakhs sixty seven thousand twenty eight and thirty six paise only). The cause of action for the suit has arisen on 20.12.2017, 29.12.2017 and 30.12.2017 when the IOLs were supplied and subsequent date of payment in the year October 2018 and subsequent filing of application for Pre-Institution Mediation (PIM) within the jurisdiction of this Court. Accordingly, the plaintiff has prayed for judgment and decree.
3. After service of summons, the defendants though appeared have not filed their written statement. Accordingly, case was posted for plaintiff's evidence. The plaintiff got examined it's Authorised Representative as PW1 and got marked 8 documents at Ex.P1 to Ex.P8.
4. Heard.
5. The points that arise for my consideration are:-
1. Whether the plaintiff is entitled to the relief claimed?
2. What Order or decree?5
Com.O.S.356/2021
6. My answer to the above points are:
Point No.1 :- In the Affirmative. Point No.2 :- As per the final Order for the following :
REASONS
7. Point No.1 :- In order to prove the points, the plaintiff mainly relies upon the evidence of PW1 and documents at Ex.P1 to Ex.P8. Ex.P1 is the letter of authority given to PW1 to give evidence. Three invoices are produced at Ex.P2 to Ex.P4 which disclose the amount due and lenses supplied to the defendants. Ex.P5 is the office copy of the legal notice issued to the defendants to pay the amount. Ex.P6 is the letter issued by the bank about honoring of cheques and last cheque was honored on 16.10.2018 which saves the limitation to file the suit. The credit notes at Ex.P7 to Ex.P8 disclose the amount due and also record to payment of interest warranted and law relating to limitation and jurisdiction of the Court. The general administration of the sales discloses the jurisdiction of the Court and also the payment of the interest as could be seen from the invoices. I 6 Com.O.S.356/2021 am of the view that the plaintiff has successfully established that the amount due from the defendant. With the help of the above documents and evidence of PW1, learned counsel for the plaintiff would argue that since defendants have failed to file the written statement, there is no contra evidence. The tax invoices disclose the total amount due with interest. In view of the above fact, I am of the view that the evidence of PW1 and documents at Ex.P1 to Ex.P8 are sufficient to prove the case of the plaintiff about the amount due. In view of the fact, I am of the view that the plaintiff is entitled to the relief claimed. Hence, I answer point No.1 in the Affirmative.
8. Point No.2 :- For the reasons stated in the above said paras, I proceed to pass the following:
ORDER The suit of the plaintiff is decreed with costs. The defendants are hereby directed to pay to the plaintiff a sum of Rs.13,67,028.36/- (Rupees thirteen lakhs sixty seven thousand twenty eight and thirty six paise only) with interest at 1.5% per 7 Com.O.S.356/2021 annum, compounded monthly on the said amount from the date of suit till realisation.
Further, the defendants are hereby directed to pay cost of the suit to the plaintiff. The Advocate for the plaintiff is directed to file Memorandum of Cost before the Office within 5 days from today.
Draw decree accordingly. The Office is directed to send copy of this judgment to plaintiff and defendant to their email ID as required under Order XX Rule 1 of the Civil Procedure Code read with Section 16 of the Commercial Courts Act.
(Dictated to the Stenographer, typed by her, corrected and then pronounced by me in open Court on this the 29th day of SEPTEMBER, 2021).
(CHANDRASHEKHAR U), LXXXVII Addl.City Civil & Sessions Judge, (Exclusive Commercial Court) Bengaluru.8
Com.O.S.356/2021 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF PW-1 PRAVEEN KUMAR JHA LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P-1 Certified copy of authority letter Ex.P-2 to Ex.P-4 3 invoices Ex.P-5 Office copy of the legal notice Ex.P-6 Statement of account Ex.P-7 and Ex.P-8 2 credit notes issued by plaintiff company to defendant company LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL (CHANDRASHEKHAR U), LXXXVII Addl.City Civil & Sessions Judge, Bengaluru.9
Com.O.S.356/2021 xxxxx 30.08.2021 P-
D1-
D2 - Exparte
For Judgment
The Judgment is
pronounced in Open Court
vide separate Judgment.
The operative portion of the
said Judgment is as
follows :-
ORDER
The suit of the plaintiff is
decreed with costs.
The defendants are
hereby directed to pay to
10
Com.O.S.356/2021
the plaintiff a sum of
Rs.13,67,028.36/- (Rupees
thirteen lakhs sixty seven
thousand twenty eight and
thirty six paise only) with
interest at 1.5% per annum,
compounded monthly on
the said amount from the
date of suit till realisation.
Further, the defendants
are hereby directed to pay
cost of the suit to the
plaintiff. The Advocate for
the plaintiff is directed to
file Memorandum of Cost
before the Office within 5
days from today.
Draw decree accordingly.
The Office is directed to
11
Com.O.S.356/2021
send copy of this judgment
to plaintiff and defendant to
their email ID as required
under Order XX Rule 1 of
the Civil Procedure Code
read with Section 16 of the
Commercial Courts Act.
LXXXVII ACC&SJ,
B'LURU.