Bangalore District Court
Strategic Marketing And Research vs M/S. Karnataka Soap & Allied on 16 January, 2017
[C.R.P. 67] Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgment in
Suits (R.P.91)
IN THE COURT OF THE XLIII ADDL. CITY CIVIL
& SESSIONS JUDGE, BENGALURU. (CCH 44)
Dated: This the 16th day of January, 2017
PRESENT
Sri. V.H. WADAR, B.A., LL.B.,
XLIII ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
O.S. No.8967/2015
PLAINTIFF : Strategic Marketing and Research
Team, A partnership firm registered
under the Provisions of the Indian
Partnership Act, 1932 having its office at
No.253, 5th Block,
67th Cross, Rajajinagar,
Bengaluru-560 010
Represented by its Authorized Signatory
Mr. Anand Kumar.K
Aged about 47 years
(By Sri D.P. Ashok, Advocate)
VS.
DEFENDANTS : 1. M/s. Karnataka Soap & Allied
Industries, Hunasekatti Road,
Ranebennur Taluk, Haveri District,
Represented by its Managing Partner
2 O.S.No.8967/2015
2. Mr. Venkatesh Meharwade,
Partner, M/s. Karnataka Soap & Allied
Industries, Hunasekatti Road,
Ranebennur Taluk, Haveri District
3. Mr. Kotresh Meharwade,
Partner, M/s. Karnataka Soap & Allied
Industries, Office No.24,
Anjuman Complex
Opp: Lions School, Medleri Road,
Haveri District, Ranebennur-581115
4. Mr. Meharwade,
Partner, M/s. Karnataka Soap & Allied
Industries, Office No.24,
Anjuman Complex
Opp: Lions School, Medleri Road,
Haveri District, Ranebennur-581115
(D1 & D4 - Exparte
D2 & D3 by Sri AB, Advocate)
Date of Institution of the suit: 28/10/2015
Nature of the Suit (Suit for
pronote, suit for declaration and Money Suit
possession, Suit for injunction,
etc,) :
Date of the commencement of 12/07/2016
recording of the Evidence:
Date on which the Judgment was 16/01/2017
pronounced:
Total Duration : Year/s Month/s Day/s
01 02 18
(V.H. WADAR)
XLIII ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
3 O.S.No.8967/2015
JUDGMENT
Plaintiff has filed suit against the defendants for recovery of Rs.2,94,699 /- with interest at the rate of 18% p.a. from the date of the suit till its realisation.
2. In brief the facts of the plaintiff's case are as under:-
Plaintiff contends that it is a registered partnership firm carrying on the business of sale of goods of chemicals like Di Ethyl, Phthalate, Aroma Chemicals etc., and food ingredients. The plaintiff further contends that pursuant to the orders placed by the defendants, the plaintiff has sold and supplied the LABSA and Ultra West AOS Noodles under two invoices No.44702 dated 18/11/2014 and 44717 dated 19/11/2014 total worth of Rs.9,30,299/-. The plaintiff further contends that the defendants have made part payment and as on 25/07/2015 the defendants are due in a sum of Rs.3,00,000/- towards invoice amount and also interest on late payment. The plaintiff has issued legal notice dated 25/07/2015. After 4 O.S.No.8967/2015 service of notice, the defendants had paid a sum of Rs.50,000/-. As on 30/09/2015, the defendants are liable to pay Rs.2,50,000/- towards invoice amount and interest of Rs.44,699/-, totally 2,94,699/-. The defendants have failed to repay the said amount inspite of its repeated requests and demands. The defendants are due in a sum of Rs.2,94,699/-. The transaction between the plaintiff and defendants is commercial transaction, therefore defendants are liable to pay interest on the overdue amount. The defendants are jointly and severally liable to pay the above said amount to the plaintiff. Cause of action arose on 18/11/2014. Hence this suit.
3. The defendant Nos.1 and 4 remained absent, hence placed exparte. Defendant Nos.2 and 3 appeared through advocate, but they have not filed written statement.
4. The partner of the plaintiff is examined as P.W.1, Ex.P.1 to P.18 got marked and closed plaintiff's side.
5. The points that arise for my consideration are:- 5 O.S.No.8967/2015
1. Whether plaintiff proves that defendants have purchased goods from plaintiff under two invoices and they are due in a sum of Rs.2,94,699 /-?
2. What order or decree?
6. Heard the arguments.
7. My findings on the above points are:-
Point No.1: In the affirmative Point No.2: As per final order for the following :-
REASONS
8. Point No1:- Plaintiff contends that it is a registered partnership firm carrying on the business of sale of goods of chemicals like Di Ethyl, Phthalate, Aroma Chemicals etc., and food ingredients and as per the orders placed by the defendants, the plaintiff has sold and supplied the LABSA and Ultra West AOS Noodles under two invoices No.44702 dated 18/11/2014 and 44717 dated 19/11/2014 total worth of Rs.9,30,299/-. The plaintiff further contends that the 6 O.S.No.8967/2015 defendants have made part payment and as on 25/07/2015 the defendants are due in a sum of Rs.3,00,000/- towards invoice amount and also interest on late payment. The plaintiff has issued legal notice dated 25/07/2015. After service of notice, the defendants have paid a sum of Rs.50,000/-. The transaction between the plaintiff and defendant is commercial transaction, therefore defendants are liable to pay interest on the overdue amount. As on 30/09/2015, the defendants are liable to pay Rs.2,50,000/- towards invoice amount and interest of Rs.44,699/-, totally Rs.2,94,699/-. The defendants have failed to repay the amount inspite of repeated requests of the plaintiff. Hence the plaintiff has filed this suit.
9. The partner of the plaintiff firm is examined as P.W.1 and he has reiterated the averments narrated in the plaint. Plaintiff has produced two copies of invoices dated 19/11/2014 and 18/11/2014 for Rs.1,08,665/- and for Rs.8,21,634/- respectively at Ex.P.2 and P.3. The plaintiff has produced copy of legal notice issued to the defendants at 7 O.S.No.8967/2015 Ex.P.4, two acknowledgements and four sped post acknowledgements are produced at Ex.P.5 to P.10. Defendant Nos.1 and 4 remained absent. Though defendant Nos.2 and 3 appeared through counsel, they have not filed written statement. The evidence of P.W.1 is remained unchallenged. Hence the plaintiff has proved and established that defendants have purchased goods and have made part payment and failed to pay remaining balance amount. Now the outstanding due is Rs.2,94,699/-. The plaintiff is entitled for recovery of Rs.2,94,699/-. The plaintiff has claimed future interest at the rate of 18% p.a. The interest claimed is exorbitant. Hence future interest is awarded at 10% p.a. Hence I answer point No.1 in the 'affirmative'.
10. Point No. 2:- For the reasons discussed above and in view of findings given on the above point, I proceed to pass the following:-
ORDER The suit of the plaintiff is decreed with costs. 8 O.S.No.8967/2015
Plaintiff is entitled to Rs.2,94,699/- together with future interest at the rate of 10% p.a. from the date of suit till realisation.
Defendant Nos.1 to 4 are jointly and severally liable to pay a sum of Rs.2,94,699/- together with future interest at the rate of 10% p.a. from the date of suit till realisation.
Draw decree accordingly.
(Dictated to the Stenographer, computerized by her, corrected and then pronounced by me in Open Court on this the 16th day of January, 2017.) (V.H. WADAR) XLIII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.
ANNEXURE List of witness examined for the plaintiff/s:-
P.W.1 : Anand Kumar K. List of witness examined for the defendant/s:-
-NIL-9 O.S.No.8967/2015
List of documents marked for the plaintiff/s:-
Ex.P.1 : Authorization letter Ex.P.2 & : 2 copies of invoices P.3 Ex.P.4 : Office copy of legal notice Ex.P.5 to : 2 acknowledgements and 4 speed post P.10 acknowledgements Ex.P.11 : Cover Ex.P.11(a) : Notice copy Ex.P.12 : Cover Ex.P.12(a) : Notice copy Ex.P.13 : Certified copy of partnership deed Ex.P.14 : Certified copy of registration of partnership firm
Ex.P.15 to : 3 mails and certificate U/Sec.65B(4) of Evidence P.18 Act List of documents marked for the defendant/s:-
-NIL-
(V.H. WADAR) XLIII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.