Bangalore District Court
M/S Mahesh Channel Partners Llp vs M/S Sri Nara Hari Enterprises on 29 March, 2021
IN THE COURT OF V ADDL. SMALL CAUSES JUDGE
AND XXIV A.C.M.M. Court of Small Causes Mayo
Hall Unit, Bangalore. (SCCH.20)
Dated this the 29th day of March 2021
Present: Smt.Sharmila C.S. BA.L., LL.M
V Addl. Small Causes Judge,
& XXIV A.C.M.M.
S.C.No.15201/2020
PLAINTIFF : M/s Mahesh Channel Partners LLP,
142, 1st floor, CKC Garden
M Chinnaiah Lane,
Lalbagh Road,
4th B Cross, Bengaluru - 560027
Rep By GPA Holder
Tapan Kumar
S/o Ranganatha
(By pleader Sri.L.Ashok Kumar)
Vs.
DEFENDANT : M/s Sri Nara Hari Enterprises,
Beside JMFC court
Opp; Soudariyah Bhavan,
DVG Road, Bagepalli,
Rep by prop
Konapally Narashimha Reddy
(By pleader Sri.Ramesh P.S)
SCCH-20 2 SC NO.15201/2020
Date of institution of the suit 23.10.2020
Nature of the suit (suit on Recovery of Money
pronote,
suit for declaration and
possession
suit for injunction, etc.,):
Date of the commencement of 16.03.2021
recording of the evidence:
Date on which the Judgment 29.03.2021
was pronounced:
Year/s Month/s Days
Total duration: 00 05 06
(Sharmila CS)
V ASCJ & 24th ACMM,
Court of Small Causes,
Mayo Hall Unit, Bangalore.
JUDGMENT
The suit is filed seeking decree for recovery of Rs.2,00,000/ along with interest @ 24% pa., and cost.
2. The brief facts of plaintiff's case are as under:
The plaintiff is a registered LLP partnership firm. The defendant is the customer and retailed SCCH-20 3 SC NO.15201/2020 dealer and has purchased goods on credit. The defendant failed to pay sum of Rs.1,74,690/ with interest @ 24% P..A., and hence, prays to decree the suit.
3. Court summons was issued to the defendant, the defendant appeared through his counsel. But did not file written statement.
4. The plaintiff in order to prove its case, got examined its GPA holder as PW1 and got marked documents as Ex.P.1 to Ex.P.14 and closed its side evidence. The defendant evidence was taken as Nil.
5. Heard the arguments from the learned counsel for plaintiff. The arguments of the defendant taken as nil.
6. In view of the above pleadings and evidence on record, the following points arise for my determination :
1.Whether the plaintiff proves that the Defendant is due to a sum of Rs.2,00,000/ to the plaintiff?
SCCH-20 4 SC NO.15201/2020
2.Whether the plaintiff is entitled for the interest at the rate of 24% p.a. ?
3. Whether the plaintiff is entitled for relief as sought for?
4.What order?
7.My answer to the above points are as under:
Point No.1 : In the Affirmative Point No.2 : In the Affirmative Point No.3 : In the Affirmative Point No.4 : As per final order for the following:
REASONS
8. Point No.1: The case of the plaintiff is that the plaintiff is registered LLP partnership firm dealing with Home appliances and etc. That the defendant is customer and has purchased goods on credit basis as follows;
1 27.02.2019 0465 39,330/ 2 27.02.2019 1602 20,204/ 3 27.02.2019 1603 44,376/ 4 27.02.2019 1609 22,296/ 5 16.04.2019 DC0027 19,750/ SCCH-20 5 SC NO.15201/2020 6 29.04.2019 0057 19,750/ 7 29.04.2019 PG00071 6,297/ 8 30.04.2019 AP 0035 19,984/ totaling to Rs.1,74,960/
9. That though the defendant promised to pay amount within due date, has failed to do so and hence, the defendant is due to the plaintiff to a sum of Rs.1,74,690/ towards principle amount. That though the plaintiff got issued legal notice, the defendant failed to pay the amount and hence, the present suit.
10. In order to prove the same the GPA holder of the plaintiff filed his affidavit in lieu of examination in chief and got marked 14 documents on his behalf. He has reiterated entire averments in the plaint. To further prove his case, the PW1 has produced certified copy of GPA executed by plaintiff in his favour. Further to show the claim, the plaintiff has produced computerized copy ledger account report and SCCH-20 6 SC NO.15201/2020 marked it as Exh.P.12, which shows that the defendant is due with the balance value of Rs.1,74,690/. The tax invoices marked as Ex.P.2 to P.9 goes to show that the defendant has purchased goods from the plaintiff. Thus, these documents are very much clear that the defendant has purchased goods from plaintiff worth Rs.1,74,960/ and as per Ex.P.12 i.e., the Ledger Account report, the defendant is due to the plaintiff to a sum of Rs.1,74,690/.
11. These documents being unrebutted by the absence of defendant, deserves to be believed and thus, the plaintiff proved that the defendant is due to the plaintiff a sum of Rs.1,74,690/ along with interest and cost and finally tuning to Rs.2,00,000/. Accordingly, I answer point No.1 in affirmative.
12. Point No.2: The plaintiff claims an interest at the rate of 24% p.a. The transaction between the plaintiff and the defendant is commercial one. Further the invoice Ex.P.2 to P.9 discloses the fact that if the invoice is not cleared SCCH-20 7 SC NO.15201/2020 within 15 days, overdue interest will be charged @ 24% from the date of invoice. Hence, I deem it fit to grant interest in favour of plaintiff to an extent of 24% pa., on the principle amount of Rs.1,74,960/. Accordingly, I answer point No.2 in affirmative.
13. Point No.3: The plaintiff has proved that the defendant is due to a sum of Rs.1,74,690/ and has calculated interest and notice charges, finally tuning to Rs.2,00,000/ till filing of suit. The defendant has not set up any defence against the plaintiff's claim and therefore if the plaintiff is not granted with the relief as sought for, will be put to great hardship. The plaintiff also appears to have sent a legal notice as per Ex.P.13 and the plaintiff has complied with prerequisites by sending demand notice. Hence, plaintiff is absolutely entitled for the relief. Answering point No.2 in affirmative, I have answered that the plaintiff is entitled to an interest @ 24% p.a.. Thus I proceed to answer the point no.3 in affirmative.
SCCH-20 8 SC NO.15201/2020
14. Point No.4: In view of my findings on Point No.1 to 3, I proceed to pass the following:
ORDER The suit of the plaintiff is decreed along with cost.
The defendant is directed to pay the plaintiff, a total sum of Rs.2,00,000/ along with interest @ 24% pa., on Rs.174,960/ from the date of suit till realization.
Draw decree accordingly.
(Dictated to the Stenographer, directly on Computer, corrected and then pronounced by me in the open court on this day of 29th March , 2021).
(Sharmila CS) V ASCJ & 24th ACMM, Court of Small Causes, Mayo Hall Unit, Bangalore.
ANNEXURES Plaintiff's Witnesses:
P.W.1 Tapan Kumar
Plaintiff's Exhibits:
Ex.P.1 copy of GPA,
Ex.P.29 Tax invoice,
Ex.P1011 customer bill report
Ex.P12 Ledger account,
Ex.P13 Legal notice,
Ex.P14 postal acknowledgment
SCCH-20 9 SC NO.15201/2020
Defendant's Witnesses: Nil Defendant's Exhibits: Nil (Sharmila CS) V ASCJ & 24th ACMM, Court of Small Causes, Mayo Hall Unit, Bangalore.SCCH-20 10 SC NO.15201/2020
29.03.2021 Order pronounced in the open court vide, separate Order ORDER The suit of the plaintiff is decreed along with cost.
The defendant is directed to pay the plaintiff, a total sum of Rs.2,00,000/ along with interest @ 24% pa., on Rs.174,960/ from the date of suit till realization.
Draw decree accordingly.
V ASCJ & IV ACMM SCCH-20 11 SC NO.15201/2020 SCCH-20 12 SC NO.15201/2020 DECREE Sec 34 C.P.Code Form No.15 (civil) SCCH 20 IN THE COURT OF THE ADDITIONAL SMALL CAUSES JUDGE,MAYO HALL UNIT, BENGALURU S.C.No.15201/2020 PLAINTIFF : M/s Mahesh Channel Partners LLP, 142, 1st floor, CKC Garden M Chinnaiah Lane, Lalbagh Road, 4th B Cross, Bengaluru - 560027 Rep By GPA Holder Tapan Kumar S/o Ranganatha (By pleader Sri.L.Ashok Kumar) Vs. DEFENDANT : M/s Sri Nara Hari Enterprises, Beside JMFC court Opp; Soudariyah Bhavan, DVG Road, Bagepalli, Rep by prop Konapally Narashimha Reddy (By pleader Sri.Ramesh P.S) CLAIM:
Petition filed on for judgment and decree against the defendant for the recovery of a sum of Rs.
With court cost and current interest at p.a. from the date of suit till full realization and other relief's as deem fit in the circumstances of the case.
This petition coming on for final disposal before Sri. Sharmila CS, V Addl. Judge & XXIV ACMM, Court of Small causes, Mayo hall unit, Bengaluru, in the presence of Sri. SCCH-20 13 SC NO.15201/2020 Advocate for the plaintiff and Sri. Advocate for defendant.
It is ordered and decreed that :
The suit of the plaintiff is decreed along with cost.
The defendant is directed to pay the plaintiff, a total sum of Rs.2,00,000/ along with interest @ 24% pa., on Rs.174,960/ from the date of suit till realization.
Given under my hand and seal of the court this day of 2021.
Addl. Registrar, Court of Small Causes, Mayo Hall Unit, Bangalore. MEMORANDUM OF COST INCURRED IN THIS SUIT By the Plaintiffs Defendant
1. Stamp paid on plaint (C/f)
2. Stamp paid for power
3. Stamp on I.A's
4. Service on Process
5. Advocate
6. Others / Total Amount payable by the defendant to the plaintiff is Rs.
Decree drafted by Decree Scrutinized by Addl. Registrar Court of Small Causes, Decree Clerk Sheristedar SCCH-20 14 SC NO.15201/2020