Bangalore District Court
M/S M R Traders vs M/S Anjppar Chettinad A/C Restaurant on 10 February, 2026
KABC170035232025
IN THE COURT OF LXXXVI ADDL. CITY CIVIL & SESSIONS
JUDGE, (COMMERCIAL COURT), BENGALURU (CCH-87)
Dated this the 10th day of FEBRUARY, 2026
Present: SRI. JITHENDRANATH C.S., B.A., LL.M.,
LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU.
Com.O.S.No.1560/2025
BETWEEN
PLAINTIFF : M/s. M R TRADERS,
Proprietorship of
Mr.K.S.Shivaprakash Setty,
Rep by authorized representative
Mr.Rakesh K.S.
Having its registered office at
#9/5, Shramika Bhavan,
Opp Cauvery Complex,
APMC Yard, Yeshwanthpur,
Bangalore-560022,
GST No: 29AKSPS1660CIZU
PAN No: AKSPS1660C
Email: [email protected]
(By Sri.Anish P Bhojani , advocate)
- Vs -
DEFENDANTS : 1. M/s. ANJPPAR CHETTINAD A/C
RESTAURANT,
68-7-4, 4th B Block,
100 Feet Road,
Koramangala,
Bengaluru-560034,
GSTIN-29AAZFA0846P2ΖΗ
2. ANJAPPAN KANDASAMY,
Partner,
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Com.O.S.No.1560/2025
68-7-4, 4th B Block,
100 Feet Road,
Koramangala,
Bengaluru - 560034.
3. INDRA KANDASAMY,
Partner
68-7-4, 4th B Block,
100 Feet Road,
Koramangala,
Bengaluru - 560034.
4. MARUTHAPANDIAN SANGEETHA,
Partner
68-7-4, 4th B Block,
100 Feet Road,
Koramangala,
Bengaluru - 560034.
5. ANJAPPAN MARUTHAPANDIAN,
Partner
68-7-4, 4th B Block,
100 Feet Road,
Koramangala,
Bengaluru - 560034.
Email.Id: [email protected]
(Exparte)
Date of Institution : 10.11.2025
Nature of the suit : Recovery of money
Date on which Summary
Judgment : 10.02.2026
was pronounced
Total Duration : Year/s Month/s Day/s
00 03 00
Digitally signed by
JITHENDRANATH JITHENDRANATH S CHELUR
S CHELUR Date: 2026.02.11 11:09:44
+0530
(JITHENDRANATH C.S.)
LXXXVI Addl. City Civil & Sessions Judge,
(Commercial Court), Bengaluru.
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Com.O.S.No.1560/2025
Judgment in a summary suit
The plaintiff firm filed this summary suit under Order
XXXVII Rule 2 read with Section 26 of CPC and read with
Section 6 of the Commercial Courts Act, seeking a judgment
and decree to direct the defendants jointly and severally to
pay a sum of Rs.13,84,206/- (Rupees Thirteen Lakh Eighty
Four Thousand Two Hundred and Six Only) along with
interest at the rate of 1% per day from the date of legal notice
till realization.
2. The plaintiff's case in a nutshell is that, the plaintiff
is a licensed trader of proprietary concern involved in the
business of wholesale and retail of groceries. The defendant
was a business entity operating a restaurant and in the usual
course of its business, the partners of the defendant business
entity had approached plaintiff with a request to supply large
quantity of goods on credit basis. Having accepted the orders
placed by the defendants the plaintiff had delivered the goods
to the defendants by maintaining its running account and
raised invoices for the goods supplied. Out of the goods
supplied by the plaintiff to the defendants, the defendants
were in due of Rs.9,05,900/-. On several requests and
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Com.O.S.No.1560/2025
demands made by the plaintiff, the defendants issued a
cheque bearing No.650803, dated 21.03.2025 for Rs.62,630/-
in favour of the plaintiff. The said cheque was dishonored by
its banker with an endorsement "Instrument outdated/stale".
The plaintiff being a GST-registered entity, it had duly
uploaded all outward supplies on the GST portal through
GSTR-1, as mandated under law. The invoices raised by the
plaintiff were reflected on the GST dashboard of the
defendants, which was neither disputed nor rejected the
same till date. The defendants have availed input tax credit
(ITC) in respect of the said invoices. The plaintiff issued legal
notice dated 23.06.2025 calling upon the defendants to clear
the outstanding dues along with interest at the rate of 18%
p.a. for that the defendants neither replied nor complied. The
defendants were liable to pay the principal balance amount of
Rs.9,05,900/- and accrued interest thereon of Rs.5,37,324/-
and a total sum of Rs.14,43,224/-. But after issuance of
legal notice the defendants have cleared a sum of
Rs.59,018/- to the account of the plaintiff. Therefore, the
plaintiff had computes the suit amount to Rs.13,84,206/-.
The plaintiff also initiated proceedings under Section 12A of
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Com.O.S.No.1560/2025
the Commercial Courts Act, before DLSA in PIM
No.1523/2025. The defendants did not participate in the
proceedings and DLSA issued Non Starter Report on
22.08.2025. Hence, this suit.
3. Having admitted the summary suit, summons were
issued to the defendant in Appendix-B, Form No.4, through
registered post. The summons were duly served. The
defendants, however, did not appear before this court and not
filed any application seeking leave to defend.
4. The court has heard learned counsel for the plaintiff.
Perused the material placed on record.
5. The following points arise for court's
consideration:
POINTS
(1) Whether the plaintiff entitled for the monetary
reliefs as sought for and the reliefs can be
granted summarily?
(2) What order or decree?
6. My answers to the above points are as under:
Point No.1 : Partly in the affirmative,
Point No.2 : As per the final order
for the following;
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Com.O.S.No.1560/2025
REASONS
Point No.1:-
7. A summary suit is maintainable under Order
XXXVII Rule 1(2) with respect to the suits in which the
plaintiff seeks only to recover a debt or liquidated demand in
money payable by the defendant with or without interest
raising on a contract. In the present case, upon purchase
orders placed by the defendants the plaintiff has supplied
materials to the defendants on credit basis and raised
invoices. Since, the components offer - acceptance and -
consideration have been made out the same would amount to
a valid contract enforceable under law. Document No.1 is the
GST Registration Certificate, Document No.3 is the Udyam
Registration Certificate to ensure that the plaintiff is a
commercial establishment. Document No.4 is the license
certificate issued by the Secretary, Karnataka Agricultural
Produce Marketing. Document No.5 is the official GST
registration certificate of the defendants business entity.
Document No.6 are the E-way bills mentioning GST numbers
of both the parties. Document No.7 is the ledger account
statement of the defendant maintained by the plaintiff.
Document No.8 is the cheque and cheque return memo.
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Com.O.S.No.1560/2025
Document No.9 is the GST portal where the plaintiff have
raised the invoices on the defendants. Document No.10 to 13
are legal notice, postal receipts, postal acknowledgment
online track consignment reports. Document No.14 is PIM
Repot.
8. Document No.6 are the invoices and E-way bills
raised by the plaintiff, wherein the defendants have
acknowledged the receipt of the goods by affixing the seal and
signature. Thus, it is clear that the defendants have
confirmed the liability of the goods received under the said
invoices. The defendants have not filed an application
seeking leave to defend. The plaintiff verified the plaint with
a statement of truth and also produced the documents in
support of the facts pleaded in the plaint. Since the
transaction between the plaintiff and the defendants was
commercial one it may be appropriate to grant interest at the
rate of 18% p.a. which is equivalent to 3 times to the banks
lending rates. The plaintiff has sought for interest at the rate
of 1% per day from the date of legal notice which is
apparently exorbitant and therefore, the same is liable to be
rejected.
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Com.O.S.No.1560/2025
Point No.2:
9. In view of the findings on aforesaid points, I proceed
to pass the following:
ORDER
The suit is hereby decreed with cost.
The defendants jointly and severally do pay to the plaintiff a sum of Rs.13,84,206/- (Rupees Thirteen Lakh Eighty Four Thousand Two Hundred and Six Only) along with interest at the rate of 18% per annum from the date of legal notice till realization.
Draw decree accordingly.
The office is hereby directed to send a soft copy of this judgment to the parties to the proceedings to their respective e-mail IDs as required under Order XX Rule 1 of CPC and as amended under section 16 of the Commercial Courts Act, 2015.
[Dictated to the Stenographer, transcribed by her, corrected and signed by me then pronounced in the Open Court, dated this the 10th day of February, 2026] Digitally signed by JITHENDRANATH S JITHENDRANATH CHELUR S CHELUR Date: 2026.02.11 11:09:57 +0530 (JITHENDRANATH C.S.) LXXXVI Addl. City Civil & Sessions Judge, (Commercial Court), Bengaluru.