Bangalore District Court
M/S Prince System Private Limited vs Trishul Developers on 11 September, 2025
KABC170019392024
IN THE COURT OF LXXXVI ADDL. CITY CIVIL & SESSIONS
JUDGE, (COMMERCIAL COURT) BENGALURU (CCH-87)
Dated this the 11th day of SEPTEMBER, 2025
Present: SRI JITHENDRANATH C.S., B.A., LL.M.,
LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU.
Com.O.S.No.986/2024
BETWEEN:
PLAINTIFF : M/s. Prince System Private Limited,
Office at "OMSHRI MANSION"
No.5/1, 5th Cross,
Behind Corporation Bank,
Mysore Road,
Bangalore-560026,
Represented by its authorized signatory;
Sri Krishnamurthy S. N.
(By Sri.Ramanjaneya M, Advocate)
- AND -
DEFENDANT : Trishul Developers,
No.109B, 1st floor,
Mittal Tower,
M.G.Road,
Bangalore 560001,
Represented by its partner
Sri.Niraj Mittal
(By Smt.Rupali K Trivedi, advocate)
Date of Institution : 19.07.2024
2
Com.OS.No.986/2024
Nature of the suit : Recovery of money
Date of the commencement : 12.08.2025
of recording of the evidence
Date on which the Judgment : 11.09.2025
was pronounced
Total Duration : Year/s Month/s Day/s
01 01 23
Digitally signed by
JITHENDRANATH JITHENDRANATH C S
CS Date: 2025.09.12
18:08:04 +0530
(JITHENDRANATH C.S.)
LXXXVI Addl. City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
The plaintiff company filed this suit against the defendant seeking a judgment and decree to direct the defendant to pay a sum of Rs.7,02,950/- (Rupees Seven Lakh Two Thousand Nine Hundred and Fifty Only) together with interest @ 24% p.a. from the date of suit till realization. The plaintiff's case in a nutshell is as follows:-
2. The plaintiff is a private limited company registered under the Companies Act, 1956, involved in the business of supplying PVC pipes and fittings and other allied plumbing materials to its customers. The defendant being the partnership concern under the name and style of Trishul 3 Com.OS.No.986/2024 Developers had placed purchase orders with the plaintiff company for the supply of PVC Pipes and fittings and other allied plumbing material. In this regard the shipment of plumbing materials, GST particulars were taken into consideration, shipment was accordingly undertaken to be done on credit basis. The plaintiff had supplied the materials to the defendant by raising credit tax invoices for the period of 12.03.2016 to 4.10.2021. The plaintiff however, maintained an account from 01.03.2016 to 25.04.2024. It was agreed between the parties that the purchase bill amount would be paid within 15 days from the date of purchase and failing to which the defendant would be liable to pay the interest at the rate of 24% p.a. On receipt of the materials the defendant had paid partial amount but later became defaulter in maintaining the running account. According to the plaintiff the defendant was liable to pay the outstanding principal amount of Rs.4,45,400/- and interest thereon of Rs.2,57,550/- and in all Rs.7,02,950/- together with interest from 25.04.2024. Inspite of repeated requests, the defendant did not come forward to clear the outstanding dues. The plaintiff issued legal notice calling upon the defendant to 4 Com.OS.No.986/2024 clear the outstanding balance amount for which the defendant neither replied nor complied. The plaintiff also filed pre-institution mediation petition before the District Legal Service Authority, Bangalore in PIM No.1968/2022. The defendant did not participate in the proceedings and the DLSA issued Non starter report. Hence the suit is filed.
3. Suit summons were issued through RPAD, on four different occasions returned with unserved with an endorsement 'No such person/vacated the address'. On service of summons through e-mail, that on 11.06.2025, Smt.R.K.T. advocate appeared on behalf of the defendant and filed vakalat. In spite of granting sufficient time, the defendant did not file the written statement. Hence, the court proceeded to hear the case of the plaintiff.
4. Sri.Krishna Murthy S.N., the authorized signatory of the plaintiff company examined as PW.1 and marked Ex.P.1 to P.17 documents.
5. The court has heard the arguments addressed by advocate for plaintiff and perused the records. 5
Com.OS.No.986/2024
6. The following points arises for the courts consideration.
POINTS
1. Whether the plaintiff proves that, the plaintiff- company supplied materials on credit basis by maintaining the running account to the defendant and the defendant failed in repaying the outstanding amount?
2. Whether the plaintiff is entitled for the relief as sought for?
3. What order or decree?
7. The findings of the court on the above issues 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 Points No.1 & 2:-
8. In his evidence affidavit PW.1, Sri.Krishna Murthy S.N., the authorized signatory of the plaintiff company reiterated the plaint averments. Ex.P.1 is the GST registration certificate, Ex.P.2 is the authorization letter, Ex.P.3 to Ex.P.9 are the tax invoices, Ex.P.10 is the ledger account extract, 6 Com.OS.No.986/2024 Ex.P.11 is the route wise bill outstanding report, Ex.P.12 is the customer wise bill, Ex.P.13 is the statement of account, Ex.P.14 is the Certificate u/Sec.63 of BSA, Ex.P.15 is the legal notice, Ex.P.15(a) & Ex.P.15(b) are the RPAD receipt and acknowledgment, Ex.P.16 is the reply dated 07.07.2022, Ex.P.17 is the Non-starter report.
9. On going through the oral and documentary evidence available on record, it is evident from the documents executed at Ex.P.3 to P.9 tax invoices that the plaintiff company had supplied goods to the defendant. The ledger account extract produced at Ex.P.10 envisage that the outstanding balance as on 25.04.2024 was Rs.7,02,950.87/-. These documents reflecting the payments made by the defendants. On 04.12.2021, the defendant made a payment of Rs.5,000/- by Cheque No.616182, and Rs.14,81,022/- through cheque No.616181. Since, the last payment was made on 04.12.2021 the limitation starts to run from 05.12.2021. As held by the Hon'ble Supreme Court, in sou- motto Writ Petition No.03/2020, the period from 15.03.2020 to 28.02.2022 shall be excluded. The pre-institution mediation was initiated on 22.08.2022. Therefore, the claim 7 Com.OS.No.986/2024 of the plaintiff is well within the period of limitation. The documents produced by the plaintiff corroborate its case. The court has no reason to disbelieve the version of plaintiff.
10. In regard to the interest as claimed in the plaint is concerned, the plaintiff has claimed interest at the rate of 24% from the date of suit till the date of realization. As per condition No.4 of in the invoices marked as Ex.P.3 to P.9. over due interest would be charged at the rate of 24% from the date of invoice if the document are not cleared within 15 days. Therefore, the plaintiff can charge the interest at the rate of 24% p.a. uptill filing of the suit. Since the transaction is commercial transaction, granting interest at the rate of 18% p.a on pendetelite and future interest is found to be fair and reasonable.
Point No.3:
11. In view of the findings on aforesaid issues, the court proceed to pass the following:-
ORDER The suit is decreed with costs.
The defendants do pay Rs.7,02,950/-
(Rupees Seven Lakh Two Thousand Nine 8 Com.OS.No.986/2024 Hundred and Fifty Only) to the plaintiff together with interest at the rate of 18% p.a. from the date of suit till the realization.
Draw decree accordingly.
The office is hereby directed to send a 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, on this date the 11th day of September, 2025] Digitally signed by JITHENDRANATH JITHENDRANATH C S CS Date: 2025.09.12 18:08:15 +0530 (JITHENDRANATH C.S.) LXXXVI Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE List of witnesses examined on behalf of the plaintiff:
PW-1 Sri.Krishna Murthy S.N. List of documents marked on behalf of the plaintiff:
Ex.P.1 GST registration certificate.
Ex.P.2 Authorization Letter. Ex.P.3 to Ex.P.9Tax invoices. Ex.P.10 Ledger account extract. Ex.P.11 Route wise bill outstanding report. Ex.P.12 Customer wise bill. Ex.P.13 Statement of account. Ex.P.14 Certificate u/Sec.63 of BSA. Ex.P.15 Legal notice. Ex.P.15(a) & RPAD receipt and acknowledgment. Ex.P.15(b) 9 Com.OS.No.986/2024 Ex.P.16 Reply dated 07.07.2022. Ex.P.17 Non-starter report.
List of witnesses examined on behalf of the defendants:
Nil List of documents marked on behalf of the defendants:
Nil
Digitally signed by
JITHENDRANATH JITHENDRANATH C S
CS Date: 2025.09.12 18:08:23
+0530
(JITHENDRANATH C.S.)
LXXXVI Addl. City Civil & Sessions Judge, Bengaluru.