Bangalore District Court
M/S Microgenesis Cadsoft Pvt Ltd vs M/S Livio Building Systems Private ... on 10 October, 2025
KABC170024992025
IN THE COURT OF LXXXV ADDL. CITY CIVIL &
SESSIONS JUDGE, AT BENGALURU (CCH-86)
(Commercial Court)
THIS THE 10th DAY OF OCTOBER 2025
PRESENT:
SRI.ARJUN. S. MALLUR. B.A.L.LL.B.,
LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.OS.No.1070/2025
BETWEEN:
M/S Microgenesis Cadsoft Pvt Ltd
A Private Limited Company,
Having its Principle Place of Business,
At No.728, 12th Cross, JP Nagar, 2nd Phase,
Bangalore - 560078
Represented By Its Head Finance And Administration
Mr. Mitra Peri
: PLAINTIFF
(Represented by Sri. K S Raghuram, Advocate)
AND
M/S Livio Building Systems Private Limited
No.3050, 3rd Floor, Konark, Icon,
Mundhwa Kharadi Road, Kirtane Baugh,
Hadapsar, Pune - 411028
Maharashtra
Com.OS.1070/2025
By Its Directors Mr Navneet Aron
And Mrs Varsha Shankar Jadhav
Also At:
Ms Livio Building Systems Private Limited
Gate No 559/1C Opp BJS Jain Collage, Bakori Phata,
Nagar Road, Wagholi, Pune - 412207,
Maharashtra
: DEFENDANT
(Ex-parte)
Date of Institution of the suit 29.07.2025
Nature of the suit (suit on
pronote, suit for declaration &
Possession, Suit for injunction Suit for recovery of Money.
etc.)
Date of commencement of 29.09.2025
recording of evidence
Date on which judgment was 10.10.2025
pronounced
Total Duration Year/s Month/s Day/s
00 02 12
(ARJUN. S. MALLUR)
LXXXV Addl.City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
Suit for recovery of a sum of Rs. 13,64,237/- (Rupees Thirteen Lakhs Sixty Four Thousand Two 2 Com.OS.1070/2025 Hundred and Thirty Seven) with interest at the rate of 21% p.a. from 31.01.2025 till realization.
2. The case of the plaintiff in brief is as under:-
The plaintiff is authorized reseller/dealer of Autodesk Products in India. The defendant on 16.06.2023 vide PO No.1711/2016 placed a purchase order for purchase of a Autodesk product. The plaintiff serviced the said purchase order and supplied the Autodesk product under invoice No.MH/0491/23-24 dated 05.07.2023 for a sum of Rs.20,90,016/-. The terms of the PO was that payment was to be made in full within 45 days of invoice and delivery failure to which interest at 21% p.a. is attracted. Pursuant to the supply of the product the plaintiff also delivered the license certificate and subscription ID bearing No.574-
09127723 dated 29.06.2023. As per the terms of the PO the defendant was required to pay the entire amount by 12.08.2023 but has paid only a sum of Rs.2,03,000/- on 02.12.2023 and another sum of Rs.6,00,000/- on 10.07.2024 and has remained in balance a sum of Rs.12,87,016/-. Inspite of repeated reminders and communications defendant has failed 3 Com.OS.1070/2025 to clear the outstanding amount. The plaintiff issued a legal notice calling the defendant to pay the outstanding amount with interest at Rs.77,221/- totally amounting to Rs.13,64,237/-. The notice is issued on 31.01.2025 which the defendant has not received. Plaintiff also instituted PIM proceedings in which the defendant failed to appear and the same was closed as a non-starter. Hence the suit.
3. Summons to the defendant duly served and defendant has remained absent and has been placed as exparte.
4. The authorized representative of the plaintiff examined himself as P.W.1 and got marked documents at Ex.P.1 to P.10.
5. Heard the arguments of the learned counsel for the plaintiff and perused the entire record.
6. Now the points that arise for my consideration are:
1) Whether plaintiff is entitled for recovery of the suit claim as prayed?
2) What order or decree?4
Com.OS.1070/2025
7. My answers to the above points are as under:
Point No.1:- In the Affirmative Point No.2:- As per the final Order for the following;
REASONS
8. POINT No.1:- The authorized representative of the plaintiff bank examined himself as P.W.1 reiterating the averments made in the plaint. He has got marked documents at Ex.P.1 to Ex.P.10. Ex.P.1 is the Certified copy of the board resolution along with SPA. Ex.P.2 is the Printout of the purchase order dated 16.06.2023. Ex.P.3 is the Printout of the e- invoice dated 05.07.2023. Ex.P.4 is the Printout of the Auto Desk Licence Certificate. Ex.P.5 is the Ledger statement. Ex.P.6 is the Office copy of the legal notice dated 31.01.2025 with postal receipts. Ex.P.7 is the 2 undelivered postal covers. Ex.P.8 is the 2 postal track consignment reports. Ex.P.9 is the Non starter report in PIM 837/2025. Ex.P.10 is the Printout of the emails dated 20.05.2025, 26.05.2025, 27.05.2025 and 17.07.2025.
9. As seen from the above the defendant on service of summons has remained absent and has been 5 Com.OS.1070/2025 placed exparte. The documentary evidence produced at Ex.P.2 discloses the placing of purchase order by the defendant and the product being delivered and the invoice being raised along with delivery of the license certificate which is evident from Ex.P.2 to P.4. The ledger statement at Ex.P.5 discloses part payment as mentioned and the defendant having remained due in a sum of Rs.12,87,016/- to which defendant is liable to pay interest at 21% p.a. The defendant has also failed to appear in the PIM proceedings in PIM No.837/2025. The plaintiff has also produced the mails exchanged with the defendant dated 20.05.2025, 26.05.2025, 27.05.2025 and 17.07.2025 being the latest marked at Ex.P.10 wherein the defendant has categorically admitted the amount due to be paid to the plaintiff. Therefore under these circumstances there no impediment to decree the claim of the plaintiff as prayed. Accordingly, I answer Point No.1 in the Affirmative.
10. POINT NO.2:- For the aforesaid reasons, I proceed to pass the following;
ORDER The suit of the plaintiff is decreed with costs.
6Com.OS.1070/2025 The defendant is liable to pay to the plaintiff Rs.13,64,237/- (Rupees Thirteen Lakhs Sixty Four Thousand Two Hundred and Thirty Seven) with interest at the rate of 21% p.a. from 31.01.2025 till realization.
Draw decree accordingly.
Office to send soft copies of the judgment to both parties on their e-mail id if furnished.
[Dictated to the Stenographer Grade-III, transcribed by her, corrected and signed by me then pronounced in the Open Court, dated this the 10th day of October 2025] (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru.
ANNEXURE LIST OF DOCUMENTS PRODUCED ON BEHALF OF THE PLAINTIFF ALONG WITH PLAINT PW-1 Mr. Mitra Peri LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P.1 Certified copy of the board resolution along with SPA.
Ex.P.2 Printout of the purchase order dated 16.06.2023. Ex.P.3 Printout of the e-invoice dated 05.07.2023. Ex.P.4 Printout of the Auto Desk Licence Certificate.
Ex.P.5 Ledger statement.
7
Com.OS.1070/2025
Ex.P.6 Office copy of the legal notice dated 31.01.2025
with postal receipts.
Ex.P.7 2 undelivered postal covers.
Ex.P.8 2 postal track consignment reports.
Ex.P.9 Non starter report in PIM 837/2025.
Ex.P.10 Printout of the emails dated 20.05.2025, 26.05.2025, 27.05.2025 and 17.07.2025.
LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru.
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