Bangalore District Court
M/S.Matrix Cellular(International) vs Sri.Sanjiv Kumar on 1 December, 2015
SCCH-9 1 SC.NO.757/15
C.R.P.67} Government of Karnataka
Form No. 9 TITLE SHEET FOR JUDGEMENTS IN SUITS
(Civil) IN THE COURT OF THE SMALL CAUSES AT
Title Sheet for
Judgement in BENGALURU.
DATE : THIS THE 1st DAY OF DECEMBER 2015.
PRESENT :
SMT.B.PUSHPANJALI, B.A., LL.M.
II Addl. Small Causes Judge &
XXVIII ACMM, Bengaluru &
Concurrent charge of Small Causes
Judge, XXVI ACMM (SCCH-9)
S.C.No.757/2015
Plaintiff: M/s.Matrix Cellular(International)
Services Pvt. Ltd., A company
registered under the Companies Act,
1956, having its branch office at:
No.95, 17th B Main Road,
Koramangala,
Bengaluru-560 095.
Rept.by its Executive-
Mr.K.Udya Kumar.
vs.
Defendant: Sri.Sanjiv Kumar,
R/at No.403, Arunodaya Nest,
Kagadaspur Main,
C.V.Raman Nagar,
Kagdaspur,
Bengaluru-560 093.
-o0o-
SCCH-9 2 SC.NO.757/15
Date of Institution of 08.07.2015
the Suit:
Nature of the Suit (Suit on Recovery of Money
Pronote, Suit for Declaration
and Possession Suit for
injunction etc.,)
Date of the commencement of 28.10.2014
Recording of the evidence:
Date on which judgment was 01.12.2015
Pronounced:
Total Duration: Year/s Month/s Day/s
-0- -04- -23-
JUDGMENT
Plaintiff has filed this suit for recovery of Rs.6,129,06/-together with future interest at the rate of 18%.p.a.
2. The defendant had applied and obtained an international mobile connections under agreement No. M2420810 and mobile No.96569732. The defendant has not paid call charges amounting to Rs.6,129,06/- and as such legal notice dt.09.09.2014 was sent to the defendant address to pay the above amount. Despite service of notice, defendant has not paid the above amount and hence this suit.
SCCH-9 3 SC.NO.757/15
3. Despite service of summons, defendant did not turn up and placed exparte.
4. The plaintiff examined its Authorized Signatory as PW.1 and got marked documents as Exs.P.1 to P.6.
5. Following points would arise for my consideration:
1. Whether the plaintiff proves that the defendant is liable to pay suit claim amount?
2. Whether the Plaintiff is entitled for current and future interest at 18% p.a.?
3. What order or decree ?
6. My answer on the above points are as under;
Point No.1 : In the Affirmative Point No.2 : In the Affirmative Point No.3:: As per final order, for the following;
REASONS
7.POINT NOs.1 & 2: In order to prove that the defendant had availed the international mobile connection, the Authorized Signatory is examined as PW-1 and has filed his affidavit in lieu of his chief SCCH-9 4 SC.NO.757/15 examination which is in terms with the plaint averments. The Board resolution, Original agreement form, copies of Bills, Ledger Account extract and copy of legal notice with postal receipt and board resolution are all cause produced and marked as exhibits. On perusal, the contents of said documents show that the defendant had applied for international mobile connection and an agreement vide NoM2420810 Account Code No.475492 was signed by him for having taken the said connection. He had made several international calls by using his mobile connection No.96569732. After using the international mobile connections, he had not paid the bills due as agreed in spite of issue of legal notice dt.09.09.2014 and he had committed default. He did not appear before the court in spite of service of summons and is placed exparte. As pointed above, despite receipt of legal notice defendant has not paid the dues to the Plaintiff Company. The plaintiff has led cogent evidence and proved that the defendant has not paid the outstanding due to the company and as such, I answer both points in the affirmative and in favour of plaintiff. SCCH-9 5 SC.NO.757/15
8. POINT No.3: In view of the above discussion, reasons stated and findings given to the point Nos. 1 & 2, I proceed to pass the following;
ORDER The suit of the plaintiff is decreed with costs. Defendant is liable to pay the plaintiff a sum of Rs.6,129,06/-along with interest @ 6% p.a. from the date of suit till realization.
Draw a decree accordingly.
(Computerized to my dictation, corrected and pronounced in the Open court on this the 1st day of December 2015.) (B.PUSHPANJALI) II Addl. Small Causes Judge & XXVIII ACMM, & C/c of Small Causes Judge, XXVI ACMM .
ANNEXURE List of witnesses examined for plaintiff :
P.W.1 : Nazeer List of exhibits marked on behalf of plaintiff :
Ex.P-1 : Board of Resolution Ex.P-2 : Original Agreement Form Ex.P-3 : Copies of Bills (3 in Nos) Ex.P-4 : Ledger Account Extract Ex.P-5 : Copy of Legal notice SCCH-9 6 SC.NO.757/15 Ex.P-6 : Postal Receipt List of witnesses & documents for defendant:
-NIL-
(B.PUSHPANJALI) II Addl. Small Causes Judge & XXVIII ACMM, & C/c of Small Causes Judge, XXVI ACMM .SCCH-9 7 SC.NO.757/15
01,1202015 ORDER The suit of the plaintiff is decreed with costs.
Defendant is liable to pay the plaintiff a sum of Rs.6,129,06/-along with interest @ 6% p.a. from the date of suit till realization.
Draw a decree accordingly.
( B.PUSHPANJALI) II Addl. Small Causes Judge & XXVIII ACMM, & C/c of Small Causes Judge, XXVI ACMM .SCCH-9 8 SC.NO.757/15
S.C.C.H.NO.9 IN THE COURT OF SMALL CAUSES COURT, AT BENGALURU.
S.C.No.757/2015 Plaintiff: M/s.Matrix Cellular(International) Services Pvt. Ltd., A company registered under the Companies Act, 1956, having its branch office at:
No.95, 17th B Main Road, Koramangala, Bengaluru-560 095.
Rept.by its Executive- Mr.K.Udya Kumar.
vs. Defendant: Sri.Sanjiv Kumar, R/at No.403, Arunodaya Nest, Kagadaspur Main, C.V.Raman Nagar, Kagdaspur, Bengaluru-560 093.
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. B.Pushpanjali, Addl. Judge, CSC, Bengaluru, in the SCCH-9 9 SC.NO.757/15 presence of Sri/Smt Advocate, for the plaintiff and Sri/Smt Advocate, for the defendant.
It is ordered and decreed that, ORDER The suit of the plaintiff is decreed with costs.
Defendant is liable to pay the plaintiff a sum of Rs.6,129,06/-along with interest @ 6% p.a. from the date of suit till realization.
And it is further ordered and decreed that the 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 2015.
DY. REGISTRAR COURT OF SMALL CAUSES, BENGALURU SCCH-9 10 SC.NO.757/15 MEMORANDUM 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 Scrutinised by Decree Clerk SHERISTEDAR DY. REGISTRAR COURT OF SMALL CAUSES, BENGALURU