Bangalore District Court
M/S Mahendra Labs Pvt. Ltd vs The Senior Branch Manager on 11 January, 2021
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 BANGALORE
Suits
PRESENT: SHANTALA RAMESH DODWAD., B.A.,LL.B.,
IV ADDL. Small Causes JUDGE,
Court of Small Causes,
BANGALORE.
Dated this the 11th day of January 2021
S.C.No.612/2018
PLAINTIFF: M/s Mahendra Labs Pvt. Ltd.,
A Company incorporated under the
Provisions of the Companies Act, 1956
having its Registered Office at No.371
and 372, 10th Cross, 4th Phase, Peenya
Industrial Area Bangalore Represented
by its Director Mr. Madan Raj Nahar.
(By pleader K. V. Shyamaprasada)
Vs.
DEFENDANT/S : The Senior Branch Manager
National; Small Industries Corporation
Ltd, No.6 and 7 Industrial Town West
of Chord Road, Rajajinagar,
Bangalore560 010.
(By pleader S. Krishnaswamy)
Date of institution of the suit: 17.04.2018
Nature of the suit (suit on pronote,
suit for declaration and possession Money suit
suit for injunction, etc.,):
SCCH-6 SC No.612/2018
Date of the commencement of 27.06.2018
recording of the evidence:
Date on which the Judgment 11.01.2021
was pronounced:
Year/s Month/s Days
Total duration: 02 08 18
Additional Judge.
JUDGMENT
This is a small cause suit filed by the plaintiff for recovery of money.
2. Brief averments of the plaint are as under:
The plaintiff is a Company incorporated under Indian Companies Act and having its registered Office at the address mentioned in cause title and Mr. Madan Raj Nahar is duly authorized to represent the plaintiff in this case. The plaintiff is Pharmaceutical distributor and carrying on its business in the address mentioned in the cause title. The plaintiff submits that, he has applied for registration of Enlistment under Single point registration scheme to defendant office. The defendant has collected all relevant documents from plaintiff and also requisite SCCH-6 SC No.612/2018 charges on 29.08.2015 from him total amounting Rs.37,620/ (Rs.31,920/ + Rs.5,700/) from hi,. The concerned officials have inspected the plaintiffs documents and place. The defendant also received the inspection report. The plaintiff further submits that, one or the other reasons defendant have been delaying to issue Enlistment Certificate to him. Hence on 20.11.2017 plaintiff through his advocate issued the notice calling upon the defendant either to refund the amount or issue certificate within seven days. The said notice is served on the defendant on 30.11.2017. The defendant neither replied the notice nor complied to demand made in the notice. The defendant is in due and liable to pay of Rs.56,678/ along with interest @ 18% per annum from date of suit till to the date of realization. Hence, the plaintiff has filed this suit for Judgment and decree against the defendant for Rs.56,678/ with interest @18% p.a.,
3. In pursuance of the summons, the defendant has appeared before the court through his counsel and filed his written statement denying the averments of the plaint as false and frivolous. He has contended that the suit filed by plaintiff is not maintainable either in law or on facts of the case. He further SCCH-6 SC No.612/2018 submits that, the defendant is a Government of India enterprise under Ministry of Micro, Small & Medium Enterprises. The main objective of National Small Industries Corporation (NSIC) is to promote the micro and small enterprise and if one gets enlisted with NSIC under SPRS then it will be convenient for those enlisted to get benefits while doing business with Govt. Departments/PSU. Any micro and Small Enterprises has to apply on the prescribed application form along with requisite fee and documents to this defendant for registration. The duplicate copy of G. P Registration Application Form submitted by Micro and Small Enterprises will be forwarded to the concerned inspecting agency along with copies of required documents and charges for inspection in favour of the concerned inspecting agency to carry out technical inspection of Micro and Small enterprise. After receiving the inspection report from the inspecting agency which ascertains the nature of activity of Enterprise, this defendant will issue SPRS Registration Certificate to Micro and Small Enterprises, if eligible. It is further submitted that, the plaintiff for registering their firm with NSIC submitted the application along with registration fee of Rs.26,220/ and infomediary fee of Rs.5,700/ including service SCCH-6 SC No.612/2018 tax by DD dated 29.08.2015 drawn on Kotak Mahindra Bank in favour of NSIC which is accounted as income by this defendant by the financial year 20152016 which is not refundable. DD for Rs.5,700/ was in favour of MSME DI which is a third party inspecting authority and the amount is for the inspection to be carried out by them for the products manufactured by the plaintiff. After receiving the inspection report from MSME DI it was found that the plaintiff is in business of Pharmaceutical Tablets and Liquids. As per guidelines mentioned in the manual of single point registration scheme of NSIC such MSE's (in this case plaintiff) which are into business of medicines and drugs are not eligible for registration under Single Point Registration Scheme under NSIC. Consequently this fact being the policy of the Central Government registration certificate could not be issued to M/s Mahendra Labs Pvt. Ltd. It is submitted that Rs.5,700/ is paid directly to MSME DI and not to NSIC. Hence, prayed to dismiss the suit with costs.
4. During the evidence, on behalf of plaintiff company its Director Madan Raj Nahar examined himself as PW.1 and got marked documents as Ex.P1 to 8. On behalf of defendant one Munish Sharma, Assistant Manager of Central Government SCCH-6 SC No.612/2018 undertaking since June 2017 got examined himself as DW.1 and got marked the documents at Ex.D1 to Ex.D3. Then, heard the arguments and perused the records.
5. Now, the points arise for my consideration are as under:
1. Whether the plaintiff proves that the defendant is liable to pay the suit claim with interest @18% p.a.,?
2. What order or decree?
6. My findings on the above points are as under: Issue No.1 - Negative Issue No.2 - As per final order for the following:
REASONS
7. ISSUE NO.1 : In order to prove his case, the plaintiff has examined his Director as PW.1 and got marked documents as Ex.P1 to 8. On behalf of defendant one Munish Sharma, Assistant Manager of Central Government undertaking since June 2017 got examined himself as DW.1 and got marked the documents at Ex.D1 to Ex.D3.
SCCH-6 SC No.612/2018
8. PW.1 Madan Raj Nahar is the Director of the plaintiff company and he has reiterated entire averments of the plaint and sought for passing of Judgment and decree as prayed in the suit.
9. Here the plaintiff is claiming to return the amount of Rs.56,678/ with interest @ 18% p.a., stating that he has applied for registration of Enlistment under single point registration Scheme to defendant office. The defendant has collected all relevant documents from plaintiff and also requisite charges on 29.08.2015 from him in total amounting Rs. 37,620/ and he has approached the court and contended that defendant office is has not issued the relevant license. So, he is entitled for refund of Rs.56,678/ with interest @ 18% p.a., and claims to decree the suit.
10. On the contrary the defendant's main contention is that, the plaintiff for registering their firm with NSIC submitted the application along with registration fee of Rs.26,220/ and infomediary fee of Rs.5,700/ including service tax by DD dated 29.08.2015 drawn on Kotak Mahindra Bank in favour of NSIC which is accounted as income by this defendant by the financial year 20152016 which is not refundable. Apart from this plaintiff SCCH-6 SC No.612/2018 has issued DD for Rs.5,700/ in favour of MSME DI which is a third party inspecting authority and the further contention of defendant is that, no where the defendant has admitted to pay for interest @ 18% p.a. Apart from that, the plaintiff has not produced any agreement between himself and the defendant to show that if license is not issued then he is entitled for return of amount paid by him with interest. Moreover, he has paid Rs.5,700/ through DD to the third party i.e., MSME DI. The said office is not party to this suit. Hence, the plaintiff is not entitled for return of amount of Rs.56,678/ and submitted to reject the claim petition.
11. Even though plaintiff has not produced any document like circular or memo to prove that he is entitled for return of amount of Rs.37,620/ and Rs.5,000/ with interest and cost, the defendant has contended in his written statement that, he is a Government of India enterprise under Ministry of Micro, Small & Medium Enterprises. The main objective of National Small Industries Corporation (NSIC) is to promote the micro and small enterprise and if one gets enlisted with NSIC under SPRS then it will be convenient for those enlisted to get benefits while doing business with Govt. Departments/PSU. The suit is also for non SCCH-6 SC No.612/2018 joinder of necessary parties, the oral and documentary evidence produced by the plaintiff is not to help him. As the plaintiff is failed to prove he is entitled for Rs.37,620/ and Rs.5,700/ and he has also failed to prove that he is entitled for interest @ 18% p.a., the above issue is answered in negative. Hence, I answer the Issue No.1 in Negative.
12. ISSUE No.2 : In view of above discussions and findings, I pass the following :
ORDER The suit of the plaintiff is hereby dismissed.
Draw decree accordingly.
(Dictated to the Stenographer, directly on computer and then corrected by me and pronounced in the open court, on this the 11th day of January 2021.) (Shantala Ramesh Dodwad) IV ADDL.SCJUDGE, Court of Small Causes, BANGALORE.
SCCH-6 SC No.612/2018
ANNEXURE
Witnesses examined on behalf of theplaintiff :
PW1 Madan Raj Nahar Documents exhibited on behalf of the plaintiff:
Ex.P1 Letter dtd: 02.09.2015 Ex.P2 Letter dtd: 16.09.2015 Ex.P3 Letter dtd: 24.09.2015 Ex.P4 Letter dtd: 15.10.2015 Ex.P5 Letter dtd: 06.11.2015 Ex.P6 Legal Notice Ex.P7 Postal Receipt Ex.P8 Postal Acknowledgement
Witnesses examined on behalf of the defendant:
DW1 Munish Sharma Documents exhibited on behalf of the defendant:
Ex.D1 Authorization letter
Ex.D2 MSME Covering letter
Ex.D3 Inspection Report
IV ADDL.JUDGE,
Court of Small Causes,
BANGALORE.
SCCH-6 SC No.612/2018
Dt: 07.01.2021 For Judgment 11.01.2021
P
D
For Judgment IV Addl. Judge & ACMM
Dt11012021
PKVS
D SK
For Judgment
(Order pronounced in open court vide separate judgment.) ORDER The suit of the plaintiff is hereby dismissed.
Draw decree accordingly.
IV ADDL.JUDGE, Court of Small Causes, BANGALORE.
SCCH-6 SC No.612/2018
DECREE
S.C.C.H.NO.6
IN THE COURT OF SMALL CAUSES COURT, AT BANGALORE.
S.C.No.612/2018 PLAINTIFF: M/s Mahendra Labs Pvt. Ltd., A Company incorporated under the Provisions of the Companies Act, 1956 having its Registered Office at No.371 and 372, 10th Cross, 4th Phase, Peenya Industrial Area Bangalore Represented by its Director Mr. Madan Raj Nahar.
(By pleader K. V. Shyamaprasada) Vs. DEFENDANT/S : The Senior Branch Manager National; Small Industries Corporation Ltd, No.6 and 7 Industrial Town West of Chord Road, Rajajinagar, Bangalore560 010.
(By pleader S. Krishnaswamy) CLAIM: Suit filed on prays for directing defendant to pay a sum of Rs. with interest % , costs and such other reliefs.
This suit coming on for final disposal before SMT. SHANTALA RAMESH DODWAD., IV ADDL.SCJUDGE, COURT OF SMALL CAUSES, Bangalore, in the presence of SCCH-6 SC No.612/2018 Sri/Smt Advocate, for the plaintiff and Sri/Smt Advocate, for the defendant.
ORDER The suit of the plaintiff is hereby dismissed.
And it is further ordered and decreed that defendant do pay to the plaintiff sum of Rupees being the amount of costs incurred in this suit, as by memorandum annexed with interest thereon at per cent per annum from this date unto the date of realization.
Given under my hand and the seal of the Court this Day of 2021.
REGISTRAR, COURT OF SMALL CAUSES, Bangalore.
SCCH-6 SC No.612/2018 MORANDUM OF COST INCURRED IN THIS SUIT By the Plaintiff Defendant Court fee on plaint Court fee on power Court fee on exhibits Service of process + Postal charges Commissioner's fees Pleaders fee __________________________ Total of Rs. __________________________ Amount payable by the defendant to the plaintiff is Rs. Decree Drafted Scrutinized by REGISTRAR, COURT OF SMALL CAUSES, BANGALORE.
Decree Clerk SHERISTEDAR SCCH-6 SC No.612/2018