Bangalore District Court
Strides Commerce Private Limited vs Strene India Private Limited on 5 April, 2025
IN THE COURT OF LXXXIX ADDL.CITY CIVIL &
SESSIONS JUDGE, BENGALURU. (CCH-90)
Present: Sri.K.M.Rajendra Kumar, LLM, M.Phil,
LXXXIX Addl.City Civil &
Sessions Judge, Bengaluru.
DATED THIS THE 5th DAY OF APRIL 2025
Com.O.S.No.1350/2024
PLAINTIFF : STRIDES COMMERCE PRIVATE
LIMITED
A Company registered under the
Companies Act, 2013,
No.369, 13th Cross, 30th Main,
Banashankari 2nd Stage,
Bengaluru-560 041.
CIN No.U74999KA2016PTC09243,
Represented by its Director and
Authorized Representative
Mr.Sumanth Lingala,
(By Sri.A.Murali, Advocate)
VS/
DEFENDANTS : 01. STRENE INDIA PRIVATE LIMITED
A Company registered under the
Companies Act, 2013,
Sy.No.2/3, Anugondanahalli Village
Hobli, Hoskote Taluk, Bengaluru,
Bengalur South, Bengaluru-560 067
/2/
Com.O.S.No.1350/2024
Represented by Managing Director
Mr.Rishiraj Singh Rathore,
Also at:
STRENE INDIA PRIVATE LIMITED,
No.1668 A, G+5 RJP Tower,
27th Main Road, Parangi Palya,
2nd Sector, HSR Layout,
Bengaluru-560 102.
AND
STRENE INDIA PRIVATE LIMITED
5th Floor, Salarpuria Sattva,
Amani Bellandur Khane
Varthu Hobli, Bengaluru East Taluk,
Outer Ring Road,
Bengaluru-560 103.
02. Sri Rishiraj Singh Rathore,
Managing Director of
M/s.Strene India Private Limited,
Having it's Office at No.2/3,
Anugondanahalli Village & Hobli,
Hoskote Taluk,
Bengaluru District-560 067.
Also at,
No.11, 2nd Floor, 10th A Main,
8th Cross, Near Mantri Classic
Apartment
Koramangala- 4th Block,
Bengaluru-560 034,
Also at,
B-003, BM Silverwood,
27th Main Road, Sector-2,
/3/
Com.O.S.No.1350/2024
HSR Layout, Bengaluru-560 102
Also at:
S/o Digvijay Singh Rathore,
No.10, Shri Ramnagar,
Near Nitheshwar Mahadev Phatak,
Khirani Phatak Road,
Jhotwara, Jaipur-302 012.
(Exparte)
Date of Institution of suit : 01.10.2024
Nature of suit : Money Suit
(suit on pronote, suit for
declaration and
possession suit for
injunction, etc.,)
Date of commencement : 11.03.2025
of recording of evidence
Date of judgment : 05.04.2025
Total duration : Year/s Month/s Day/s
00 06 04
(K.M.RAJENDRA KUMAR)
LXXXIX ADDL.CITY CIVIL &
SESSIONS JUDGE,
BENGALURU. (CCH-90)
JUDGMENT
The plaintiff has filed this suit against the defendants praying the Court to pass a judgment and decree directing the defendants to pay a sum of ₹.91,08,319/- (Rupees Ninety One Lakhs Eight Thousand Three Hundred and Nineteen only) comprising of ₹.77,39,400/- (Rupees Seventy /4/ Com.O.S.No.1350/2024 Lakhs Thirty Nine Thousand Four Hundred Only) the outstanding invoice amount and ₹.13,68,919/- (Rupees Thirteen Lakhs Sixty Eight Thousand Nine Hundred and Nineteen Only) towards interest @ 24% p.a. of the outstanding amount from the date of cause of action 03.01.2024 to till date and to direct the defendants to pay an interest @ 24% p.a. from the date of filing of this suit till the realization of the invoice amount along with interest and for costs and such other reliefs in the interest of justice and equity.
The brief facts of the plaintiff's case are as under:
02. That, plaintiff is a company involved in wholesale and retail business of Electronics and consumer durable.
That, the defendant No.1 is carrying on its business under the brand name "Arzoo". That, the defendant No.2 is the Director of defendant No.1 Company and is actively involved in its day-to-day business operations. That, the plaintiff and defendant No.2 known each other due to prior business relationship. That, the plaintiff company was a Vendor to the defendant Company and was registered as a Vendor in the portal maintained by the defendant No.1 Company. That, the defendant No.1 Company were in need of mobile phones for their business and accordingly, the defendant /5/ Com.O.S.No.1350/2024 No.2 requested the plaintiff to supply the mobile phones to the defendant No.1 Company and the plaintiff Company agreed to supply the same.
03. That, the defendant No.1 Company placed a purchase order on 19.12.2023 at 06:19 PM bearing No.1702990 1197643/1 for 600 Nos.of Redmi 12 5G 6GB 128GB, Pastel Blue Mobile Phones with the plaintiff Company on the Vendor Portal and the Plaintiff Company duly supplied the mobile phones as per the said purchase order and the same was recorded in the defendant No.1 Company's Vendor Portal.
04. That, in pursuance of the Purchase Order dated 19.12.2023, the plaintiff company raised Invoice dated 20.12.2024 bearing Invoice No.IN2324KA-0069 for the value of the goods supplied for a sum of ₹.77,69,400/- against the Purchase Order dated 19.12.2023 in favor of defendant No.1 Company and the goods were received in person by Prakash.G, an employee of the defendant No.1 Company from the stores of the plaintiff Company on 21.12.2023 at 6.30 PM and the acknowledgment of the invoice was made by Satish Kumar, an employee of the defendant No.1 Company.
/6/ Com.O.S.No.1350/2024
05. That, in terms of the invoice dated 20.12.2023 the defendant No.1 Company was to make the payment within the prescribed time days of the invoice and an interest of 24% p.a. is to be charged on the delayed payment. That, the plaintiff company uploaded the invoice on its Vendor Portal page as maintained by the defendant No.1 Company and the same was recorded and acknowledged by the defendant No.1 Company. That, the Vendor Portal page acknowledges the Invoice, amount to be paid, pick up of the goods and the amount being due on 02.01.2024.
06. That, the Statement of Accounts in the Vendor Portal page in the defendant's online website also acknowledges the Purchase Order ID, Payment due date and also reflects the payment status as incomplete.
07. That, the defendant No.1 Company was supposed to make the payment of invoice amount of ₹.77,39,400/- against the supply of the goods (i.e., mobile phones) to the defendants on or before 02.01.2024 as per the Vendors Portal and Statement of Accounts maintained by the defendant No.1 Company in their own software and for any delayed payment, the defendant No.1 Company is liable to pay interest @ 24% p.a. from the date of payment due.
/7/ Com.O.S.No.1350/2024
08. That, despite the plaintiff company's repeated requests, demands, follow ups and reminders sent through emails on 02.02.2024, 03.02.2024, 06.02.2024, 07.02.2024 and 15.02.2024, the defendants failed to make any payment towards the outstanding dues nor provide any meaningful response.
09. That, the defendants are jointly and severally liable to pay the invoice amount of ₹.77,39,400/- along with interest @ 24% p.a. from 03.01.2024 until the realization of the amount. That as on the date, the defendants are due to pay an amount of ₹.91,08,319/- to the plaintiff inclusive of the interest.
10. That, the plaintiff company left with no other option issued a legal notice on the defendants dated 07.03.2024 calling upon them to make the payment of the outstanding amount along with interest and the same was duly served. That, the defendants did not respond to the said notice nor make any payment.
11. That, the plaintiff initiated a Pre-Institution Mediation against the defendants before the DLSA which was registered as PIM 1818/2024. That, the defendants /8/ Com.O.S.No.1350/2024 failed to appear for the Mediation proceedings. That, consequently, a Non-Starter Report dated 30.08.2024 was issued. By contending so the plaintiff prays to decree the suit.
12. In spite of service of summons the defendants remained absent and they were placed exparte.
13. To substantiate the case of the plaintiff, Sri.Sumanth Lingala, the Managing Director and Authorized Representative of the plaintiff Company has examined as PW.1 and got marked the documents as per Ex.P1 to Ex P.19 and closed his side evidence.
14. I have heard the arguments addressed by the learned Advocate for the plaintiff. The counsel for plaintiff has filed written arguments.
15. Now the points that arise for my consideration are as under:
(1). Whether the Plaintiff proves that the defendants are liable to pay a sum of ₹.91,08,319/- (Rupees Ninety One Lakhs Eight Thousand Three Hundred and Nineteen only) comprising of ₹.77,39,400/-
/9/ Com.O.S.No.1350/2024 (Rupees Seventy Lakhs Thirty Nine Thousand Four Hundred Only) the outstanding invoice amount and ₹.13,68,919/- (Rupees Thirteen Lakhs Sixty Eight Thousand Nine Hundred and Nineteen Only) towards interest @ 24% p.a. of the outstanding amount from the date of cause of action 03.01.2024 to till date and to direct the defendants to pay an interest @ 24% p.a. from the date of filing of this suit till its realization ?
(2) What Order/decree?
16. My findings on the above points are as follows:-
Point No. 1 : -In the AFFIRMATIVE
Point No. 2 : - As per final orders
for the following
REASONS
17. Point No.2: It is pertinent here to mention that as I have already narrated the facts of the case in detail at the inception, I will not repeat the facts once again at length, but I will confine myself to the material facts.
18. It is the specific case of the plaintiff that the plaintiff is a company involved in wholesale and retail business of Electronics and consumer durable. That, the defendant No.1 is carrying on its business under the brand /10/ Com.O.S.No.1350/2024 name "Arzoo". That, the defendant No.2 is the Director of defendant No.1 Company and is actively involved in its day- to-day business operations. That, the plaintiff and defendant No.2 were known to each other due to prior business relationship. That, the plaintiff company was a Vendor to the defendant Company and was registered as a Vendor in the portal maintained by the defendant No.1 Company. That, the defendant No.1 Company were in need of mobile phones for their business and accordingly, the defendant No.2 requested the plaintiff to supply the mobile phones to the defendant No.1 Company and the plaintiff Company agreed to supply the same.
19. That, the defendant No.1 Company placed a purchase order on 19.12.2023 on 06:19 PM bearing No.1702990 1197643/1 for 600 Nos.of Redmi 12 5G 6GB 128GB, Pastel Blue Mobile Phones with the plaintiff Company on the Vendor Portal and the Plaintiff Company duly supplied the mobile phones as per the said purchase order and the same was recorded in the defendant No.1 Company Vendor Portal.
/11/ Com.O.S.No.1350/2024
20. That, in pursuance of the Purchase Order dated 19.12.2023, the plaintiff company raised Invoice dated 20.12.2024 bearing Invoice No.IN2324KA-0069 for the value of the goods supplied for a sum of ₹.77,69,400/- against the Purchase Order dated 19.12.2023 in favor of defendant No.1 Company and the goods were received in person by Prakash.G, an employee of the defendant No.1 Company on 21.12.2023 at 6.30 PM and the acknowledgment of the invoice was made by Satish Kumar, an employee of the defendant No.1 Company.
21. That, the defendant No.1 Company was supposed to make the payment of invoice amount of ₹.77,39,400/- against the supply of the goods (i.e., mobile phones) to the defendants on or before 02.01.2024 as per the Vendors Portal and Statement of Accounts maintained by the defendant No.1 Company in their own software and for any delayed payment, the defendant No.1 Company is liable to pay interest @ 24% p.a. from the date of payment due.
22. That, despite the plaintiff company's repeated requests, demands, follow ups and reminders sent through emails, the defendants failed to make any payment towards /12/ Com.O.S.No.1350/2024 the outstanding dues nor provided any meaningful response.
23. That, the defendants are jointly and severally liable to pay the invoice amount of ₹.77,39,400/- along with interest @ 24% p.a. from 03.01.2024 until the realization of the amount. That as of the date, the defendants are due and payable ₹.91,08,319/- to the plaintiff inclusive of the interest.
24. That, the plaintiff company left with no other option issued a legal notice on the defendants dated 07.03.2024 calling upon them to make the payment of the outstanding amount along with interest and the same was duly served. That, the defendants did not respond to the said notice nor make any payment. That, the plaintiff initiated a Pre-Institution Mediation against the defendant before the DLSA which was registered as PIM 1818/2024. That, the defendants failed to appear for the Mediation proceedings. That, consequently, a Non-Starter Report dated 30.08.2024 was issued. All the efforts made by the plaintiff did not yield any result. Hence, the plaintiff was constrained to file the present suit.
/13/ Com.O.S.No.1350/2024
25. In order to support the case of the plaintiff, the Managing Director and Authorized Representative of the plaintiff company has filed affidavit in lieu of his examination in chief as PW.1 reiterating almost all the contents of plaint averments. Apart from PW.1 got produced Original Board Resolution dated 11.06.2024 and is marked at Ex.P.1. The Ex.P.2 is the Computer generated copy of master data of defendant No.2 company as downloaded from the website of MCA.
26. The Ex.P.3 is the Computer generated copy of printout from the vendor portal regarding the purchase order, delivery of the product and the amount due by the defendants. On perusal of the said Vendor Portal of the plaintiff it is crystal clear that the plaintiff company has supplied Pastel Blue (Pack of 600 No.s Mobiles) to the defendants No.1 for an invoice amount of ₹.77,39,400/-. The said document also contains information and it is sufficient to conclude that the said goods were delivered to the defendant No.1.
27. The Ex.P.4 is the Original tax invoice dated 20.12.2023 with e-way bill wherein it appears the plaintiff has supplied the goods worth ₹.77,39,400/- to the /14/ Com.O.S.No.1350/2024 defendant No.1 and the said document clearly shows that the delayed payment will be charged with interest @ 24% p.a. The Ex.P.4 contains the acknowledgment of defendant No.1 for having received 600 mobile phones. The said acknowledgment contains the signature of one Prakash and Satish Kumar who as per the case of the plaintiff are the employee of defendant No.1 Company.
28. The Ex.P.5 is the email trail dated 21.12.2023 wherein only on obtaining instruction from the defendant No.1 Company the plaintiff company has handed over 600 mobile phones to Mr.Prakash.G, the employee of defendant No.1 Company.
29. The Ex.P.6 is the email trial dated 02.02.2024 in between plaintiff company and the defendant and they are not at all in dispute.
30. The Ex.P.7 is the Office copy of legal notice dated 07.03.2024. As per the said legal notice the plaintiff called upon the defendants to pay the outstanding amount of ₹.77,39,400/- towards purchase amount and a sum of ₹.2,90,227/- towards interest on the outstanding amount /15/ Com.O.S.No.1350/2024 totaling to ₹.80,29,627/- within 7 days from the date of receipt of the said notice.
31. The Ex.P.8 is the 12 postal receipts. The Ex.P.9 is the 2 postal acknowledgments. Even though the defendants received the notice, they have failed to reply and also failed to repay the due amount to the plaintiff.
32. The Ex.P.10 is the Copy of email dated 12.03.2024 wherein the defendants confirmed that the current outstanding amount which is payable by the defendants stands at ₹.77,39,400/-. As per the said document the defendants further assured the plaintiff stating that their financial status has improved and that they will pay the due amount before 15th April 2024.
33. The Ex.P.11 is the Computer generated copy of Form GSTR-1 pertaining to plaintiff Company containing details of outward supply of goods.
34. The Ex.P.12 is the Computer generated copy of GST consolidated summary of plaintiff. The Ex.P.13 is the Computer generated copy of GSTR Form-3B of plaintiff. The /16/ Com.O.S.No.1350/2024 Ex.P.14 is the Computer generated copy of the extract evidencing the invoice amount of ₹.77,39,400/- in the GST portal.
35. The Ex.P.15 is the Certified copy of PIM report wherein it appears even after issuance of notice the defendants have failed to appear before DLSA and the DLSA has closed the matter by issuing Non-Starter Report. The Ex.P.16 is the Certificate under Section 63 of BSA 2023.
36. The Ex.P.17 is the True Copy of outward Register statement maintained by the plaintiff during the official course of business. As per the said document it is crystal clear that the plaintiff is having business transaction with the defendants and the said document contains the name of the defendants and its employee viz., Satish Kumar.S.
37. The Ex.P.18 is the true copy of computer generated copy of the Vendor Portal reflecting the amount due as on 02.01.2024 wherein it appears the defendants are liable to pay a sum of ₹.77,39,400/- to the plaintiff.
/17/ Com.O.S.No.1350/2024
38. The Ex.P.19 is the True copy of Computer generated copy of Statement of account as reflecting in Vendors Portal page. As per the said document the defendants are liable to pay a sum of ₹.77,39,400/- to the plaintiff.
39. On marshaling entire evidence on record and on meticulous perusal of the Ex.P.1 to Ex.P.19, I am of the opinion that the plaintiff herein has successfully proved that the defendants are bound to pay a sum of ₹.91,08,319/- comprising of ₹.77,39,400/- the outstanding invoice amount and ₹.13,68,919/- towards interest @ 24% p.a. of the outstanding amount along with future interest from the date of suit till its realization. The evidence of PW.1 along with documents Ex.P.1 to Ex.P.19 remained unchallenged, uncontroverted and unrebuted. Hence, the plaintiff is entitled for the reliefs as prayed for. Accordingly, I answer Point No.1 in the AFFIRMATIVE.
40. Point No.2: In view of the discussions on point No.2, I proceed to pass the following:
ORDER The suit filed by plaintiff is hereby decreed with cost.
/18/ Com.O.S.No.1350/2024 The defendants are liable to pay to the plaintiff a sum of ₹.91,08,319/- (Rupees Ninety One Lakhs Eight Thousand Three Hundred and Nineteen only) (comprising of outstanding amount ₹.77,39,400/- + ₹.13,68,918/- i.e., the interest @ 24% p.a. upon the outstanding amount) from the date of filing of this suit till the realization with future interest @ 24% p.a. Draw decree accordingly.
The office is hereby directed to send a copy of the judgment to the plaintiff through e- mail as per Order XX Rule 1 CPC as amended by Section 16 of Commercial Courts Act, 2015. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the open court on this the 5th day of April 2025).
(K.M.RAJENDRA KUMAR) LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH-90) /19/ Com.O.S.No.1350/2024 ANNEXURES List of witnesses examined for the plaintiff:
P.W.1 Sri.Sumanth Lingala List of documents exhibited on behalf of the plaintiff:
Sl.
Particulars of documents Exhibits No.
1. Original board resolution dated 11.06.2024 Ex.P.1
2. Computer generated copy of Form GSTR-1 Ex.P.11
3. Computer generated copy of Form GSTR-1 Ex.P.11
4. Computer generated copy of Form GSTR-1 Ex.P.11
5. Email trail dated 21.12.2023 Ex.P.5 Email trial dated 02.02.2024 in between
6. Ex.P.6 plaintiff company and the defendant
7. Office copy of legal notice dated 07.03.2024 Ex.P.7
8. 12 postal receipts Ex.P.8
9. 2 postal acknowledgments Ex.P.9 Copy of email dated 12.03.20224 in between
10. Ex.P.10 plaintiff and defendant
11. Computer generated copy of Form GSTR-1 Ex.P.11 Computer generated copy of consolidated
12. Ex.P.12 summary of Form No.1
13. Computer generated copy of Form GSTR-3B Ex.P.13 Computer generated copy of the extract
14. Ex.P.14 evidencing the invoice in the GST portal
15. Certified copy of PIM report Ex.P.15 /20/ Com.O.S.No.1350/2024 Certificate under Section 63 of BSA 2023
16. Ex.P.16 (page nos.67 to 69) List of witnesses examined for the defendant/s:
NIL List of documents marked for the defendant/s:
NIL (K.M.RAJENDRA KUMAR) LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH-90) ****