Bangalore District Court
M/S. Pavan Silk Creation vs Sri.Veerendra Hegde on 2 March, 2016
Before the Court of XXIII Additional Small Causes Judge at
Bangalore
(SCCH-25)
Present: Sri.DHARMAGIRI RAMASWAMY
M.A., LL.M.
XXIII Additional Small Causes Judge,
Bangalore.
Dated this the 2nd day of March 2016
S.C.No.1203/2015
Plaintiff : M/s. PAVAN SILK CREATION
No.12/1, 2nd Floor,
Kempanna Lane,
Nagarthpet Cross,
Bengaluru - 560 002.
A registered Partnership Firm
Represented by its partner
Sri.Naveen Kumar,
Aged 41 years,
S/o Sri.R.Chandanmal Jain.
Defendant : Sri.Veerendra Hegde,
Major,
S/o not known to the Plaintiff,
Prop. Of M/s. Jayalaxmi Silks &
Textiles,
Main Road,
Udyavara - 574 118,
Udupi, Karnataka.
Date of institution of the suit: 07.10.2015
2
Nature of the suit (suit on pronote,
suit for declaration and possession
suit for injunction etc.): Recovery of money
Date of commencement of
recording of the evidence: 16-12-2015
Date on which the judgment
is pronounced : 02-03-2016
Total duration: Years Month/s Days
0 04 26
XXIII Addl. Judge
JUDGMENT
This suit is filed by the Plaintiff against the Defendant seeking recovery of money.
2. The brief facts of the Plaintiff case are as follows:
The Plaintiff and the Defendant carrying cloth business. The Defendant approached the Plaintiff shop and produced the Saree worth of Rs.39,305/- on 03.01.2014 under invoice No.7896 on credit basis. Accordingly the said Sarees delivered through courier. The Defendant did not repay the credit bill, liable to pay an interest @ 21% p.a., as per the provisions of 3 Sale of Goods Act. On request and demand and also legal notice dated 12.06.2015 and 11.07.2015, the Plaintiff requested the Defendant for repayment of the credit bills, interest and notice charge, total Rs.57,200/-. Thus the present case is filed for recovery of amount and prayed for recovery of amount as prayed for.
Summons was ordered, the Defendant appeared through their counsel and filed Written Statement. Wherein sated that, the suit of the Plaintiff is not maintainable in the eye of law. It is false that, the Defendant approached the Plaintiff shop on
03.01.2014 and purchased the Sarees worth of Rs.39,305/- under invoice No.7896. It is false that, as per the Sales of Goods Act if the credit bill amount is not paid within 30 days the purchaser is liable to pay an interest @ 24% p.a., The Defendant has no order or purchase any Sarees from the Plaintiff under invoice No.7896 dated 03.01.2014. The Plaintiff has issued a legal notice dated 12.06.2015 and 11.07.2015. The Defendant replied for the said notice dated 18.06.2015 and denied the allegations made by the Plaintiff. There is no 4 due to pay by the Plaintiff. There is no cause of action to sue the Defendant and prayed for dismiss the suit with cost.
3. The following points that arise for my consideration.
1. Whether the Plaintiff is entitled for recovery of an amount of Rs.57,200/- with future interest @ 21% p.a., from the Defendant as prayed for?
2. What order or decree?
The plaintiff to prove his case plaintiff examined himself as PW.1 and got marked 6 documents under Exs.P.1 to P.6 and closed their side. Whereas the Defendant examined himself as DW.1 and got marked 1 document under Ex.D.1 and closed their side.
4. I have heard arguments advanced by the learned counsel for the plaintiff and the Defendant.
5. My findings on the above points are as under:
Point No.1: In the affirmative.
Point No.2. As per the final order for the following:
5
REASONS
6. Point No.1:
PW.1 stated in his examination-in-chief that, the Plaintiff and the Defendant carrying cloth business. The Defendant approached the Plaintiff shop and produced the Saree worth of Rs.39,305/- on 03.01.2014 under invoice No.7896 on credit basis. Accordingly the said Sarees delivered through courier. The Defendant did not repay the credit bill, liable to pay an interest @ 21% p.a., as per the provisions of Sale of Goods Act. On request and demand and also legal notice dated 12.06.2015 and 11.07.2015, the Plaintiff requested the Defendant for repayment of the credit bills, interest and notice charge, total Rs.57,200/-. Thus the present case is filed for recovery of amount and prayed for recovery of amount as prayed for.
Summons was ordered, the Defendant appeared through their counsel and filed Written Statement. Wherein sated that, the suit of the Plaintiff is not maintainable in the eye of law. It is false that, the Defendant approached the Plaintiff shop on 03.01.2014 and purchased the Sarees worth of Rs.39,305/- 6
under invoice No.7896. It is false that, as per the Sales of Goods Act if the credit bill amount is not paid within 30 days the purchaser is liable to pay an interest @ 24% p.a., The Defendant has no order or purchase any Sarees from the Plaintiff under invoice No.7896 dated 03.01.2014. The Plaintiff has issued a legal notice dated 12.06.2015 and 11.07.2015. The Defendant replied for the said notice dated 18.06.2015 and denied the allegations made by the Plaintiff. There is no due to pay by the Plaintiff. There is no cause of action to sue the Defendant and prayed for dismiss the suit with cost.
7. In support of their oral evidence they have filed 6 documents under Exs.P.1 to P.6. Ex.P.1 is the Certified true copy of Form A register of firm, Ex.P.2 is the Original carbon copy of invoice No.7896 dated 03.01.2014, Ex.P.3 is the Copy of GC note, Ex.P.4 is the Office copy of legal notice, Ex.P.4(a) is the postal acknowledgment, Ex.P.5 is the reply notice dated 18.06.2015, Ex.P.6 is the Office copy of Rejoinder notice dated 11.07.2015, Ex.P.6(a) is the postal acknowledgment.
8. Whereas, the Defendant examined himself as DW.1. He stated in his examination-in-chief that, the suit of the 7 Plaintiff is not maintainable neither in law nor in facts. It is false that, the Plaintiff approached the Defendant and purchased the Sarees worth of Rs.39,305/-. It is false that, the Defendant is liable to pay with interest @ 21% p.a., The goods sent by the Plaintiff are lying in the Defendant's Godown. The Plaintiff convinced that, the goods were by way of sample for the same, he has produced a letter which was sent by the Plaintiff and was produced at the time of evidence only after getting the legal notice from the Plaintiff, the Defendant came to know that, the Plaintiff is claiming for an amount which was sent by him after receiving notice. He replied for the same by denying allegations made in the notice and also telephoned the Plaintiff to take back the goods. But instead of taking back, the Defendant filed false case claiming recovery of amount. The Saree articles sent by the Plaintiff have with him and prayed for dismiss the suit with cost and one document filed under Ex.D.1.
9. On perusal of the oral and documentary evidence, the Defendant admitted in his cross-examination that, the article shown in the Ex.P.2 are with him and he is ready to 8 return those articles while receiving the credit notice. On perusal of the Ex.P.7 reveals that, the Defendant is a client of the Plaintiff, Exs.P.8, 9 & 10 also shown that, there was a purchase and delivery of the cloth articles from the Plaintiff to the Defendant and the payment was also made. On perusal of the Exs.P.1 to P.6 none of documents shows that, the Defendant ordered to purchase material shown in the Ex.P.2. The Sarees packed and sent by the Plaintiff to the Defendant worth of Rs.39,305/- have with the Defendant. The Defendant presumed that, the Sarees sent by the Plaintiff are sample in nature. Whereas, the Plaintiff claims that, the Sarees sent under Ex.P.2 on or purchase invoice. The transactions in between the Plaintiff and the Defendant clearly shows that, there was a conzai contract in between the Plaintiff and the Defendant. As per the contract act, the Defendant is bound to return those articles to the Plaintiff. But the Defendant did not return those articles. When the transactions in between the Plaintiff and the Defendant are in Cozai contract, the Plaintiff is not entitled interest claimed against the Defendant. 9
10. On perusal of the oral and documentary evidence from the Plaintiff is also reveals that, the Defendant is order to purchase the material shown in the Ex.P.2. As per Ex.P.6 the Defendant has replied regarding the non order of the goods have with him and also requested them to take back those goods by giving receipt or credit note for return of goods but the Plaintiff is not do so. Therefore the Defendant is liable to return those goods to the Plaintiff. Thus stipulated time not prejudice will cause to the Plaintiff.
11. The learned counsel for the Plaintiff while cross- examination put a question that, the purchase invoice No.6493 there was no signature on the invoice as well as there was no order placed by the Defendant. The invoice No.6493 is not in dispute. Therefore considering the oral and documentary evidence of both sides, the Plaintiff is entitled court cost and delivery charges of Rs.8,000/- along with the material shown in the Ex.P.2 from the Defendant. Accordingly I have answered Point No.1 in the affirmative. 10
12. Point No.2:-
In view of my finding on the said above point, the suit of the Plaintiff is succeeded. As a result I proceed to pass the following:
ORDER The suit of the plaintiff is hereby decreed with cost.
The Plaintiff is entitled court cost and delivery expenses of Rs.8,000/- along with Sarees sent under Ex.P.2 from the Defendant.
The Defendant is order to pay court cost and delivery expenses of Rs.8,000/- along with Sarees received under Ex.P.2 return to the Plaintiff within 30 days from the date of decree.
If failed to return those articles along with cost of Rs.8,000/- within 30 days then 11 the Defendant is liable to pay an amount of Rs.57,200/- with future interest @ 18% p.a., Office is order to draw the decree accordingly.
(Dictated to the stenographer, corrected and then pronounced in the open court this the 2nd day of March 2016.) (DHARMAGIRI RAMASWAMY) XXIII Addl.Small Causes Judge, Bangalore.
ANNEXURE List of the witnesses examined on behalf of plaintiff:
PW.1 Naveen Kumar List of the documents exhibited on behalf of plaintiff:
Ex.P.1 Certified true copy of Form A register of firm,
Ex.P.2 Original carbon copy of Invoice No.7896,
Ex.P.3 Copy of GC note,
Ex.P.4 Office copy of legal notice,
Ex.P.4(a) Postal acknowledgment,
Ex.P.5 Reply notice dated 18.06.2015,
Ex.P.6 Office copy of rejoinder notice dated 11.07.2015.
12
List of the witnesses examined on behalf of
defendants:
----
List of the documents exhibited on behalf of
defendants:
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(DHARMAGIRI RAMASWAMY)
XXIII Addl. Small Causes Judge,
Bangalore.