Bangalore District Court
M/S.Matrix Cellular(International) vs Mr.Vikas Jain on 29 September, 2016
SCCH-13 1 SC.NO.1180/16
C.R.P.67} Government of Karnataka
Form No. 9 TITLE SHEET FOR JUDGEMENTS IN SUITS
(Civil) IN THE COURT OF THE SMALL CAUSES AT
Title Sheet for
Judgement in BENGALURU.
DATE : THIS THE 29th DAY OF SEPTEMBER 2016.
PRESENT :
Smt.PANCHAKSHARI M., M.Com., LL.B.,
II Addl. Small Causes Judge &
XXVIII ACMM, Bengaluru.
S.C.No.1180/2016
Plaintiff: M/s.Matrix Cellular(International)
Services Pvt. Ltd., A company
registered under the Companies Act,
1956, having its branch office at:
No.95, 17th B Main Road,
Koramangala,
Bengaluru-560 095.
Rept.by its Executive-
Mr.Nazeer
(By M/s.Agraa Legal, Advocates &
Consultants)
vs.
Defendant: Mr.Vikas Jain, Major,
S/o Prakash Chand,
R/at B-1205, 2nd Main Road,
Sampige Road,
Malleshwaram,
Bengaluru-560 003.
-o0o-
SCCH-13 2 SC.NO.1180/16
05.07.2015
Date of Institution of
the Suit:
Nature of the Suit (Suit on Recovery of Money
Pronote, Suit for Declaration
and Possession Suit for
injunction etc.,)
Date of the commencement of 19.09.2016
Recording of the evidence:
Date on which judgment was 29.09.2016
Pronounced:
Total Duration: Year/s Month/s Day/s
-0- -02- -24-
JUDGMENT
Plaintiff has filed this suit for recovery of Rs.14,595/-together with future interest at the rate of 18%.p.a.
2. The plaintiff is a company corporated under the Provisions of Indian Companies Act, 1956, carrying on the business of International Mobile Connections. The defendant who had applied and obtained an international mobile connections under Agreement No. T1000055847 and mobile No.07942851581 by agreeing to the terms and conditions of the Agreement. The defendant after availing SCCH-13 3 SC.NO.1180/16 the cellular services, he had not paid call charges amounting to Rs.14,595/- and as such legal notice dt.20.01.2015 was sent to the defendant address, calling upon him to make the payments of outstanding amount along with interest at 18% p.a. Despite service of notice, defendant has failed to pay the above amount and hence this suit.
3. Despite service of summons, defendant did not turn up and placed exparte.
4. The plaintiff examined its Authorized Signatory as PW.1 and got marked documents as Exs.P.1 to P.7.
5. Following points would arise for my consideration:
1. Whether the plaintiff proves that the defendant is liable to pay suit claim amount?
2. Whether the Plaintiff is entitled for current and future interest at 18% p.a.?
3. What order or decree ?
6. My answer on the above points are as under;
Point No.1 : In the Affirmative SCCH-13 4 SC.NO.1180/16 Point No.2 : Partly in the Affirmative Point No.3:: As per final order, for the following;
REASONS
7.POINT NOs.1 & 2: In order to prove that the defendant had availed the international mobile connection, the Authorized Signatory is examined as PW-1 and has filed his affidavit in lieu of his chief examination which is in terms with the plaint averments. The Board resolution, Original agreement form, copies of Bills, Ledger Account extract and copy of legal notice and RPAD receipt are all produced and marked as exhibits Exs.P1 to P7. On perusal, the contents of said documents show that the defendant had applied for international mobile connection and Agreement No. T1000055847 and Account Code - 591356 was signed by him for having taken the said connection. He had made several international calls by using his mobile connection mobile No.07942851581. After using the international mobile connections and after the said period of usage, he had not paid the bills due as agreed in spite of issue of legal notice SCCH-13 5 SC.NO.1180/16 dt.21.01.2015 and he had committed default. He did not appear before the court in spite of service of summons and is placed exparte. As pointed above, despite receipt of legal notice. the defendant has not paid the dues to the Plaintiff Company. The plaintiff has led cogent evidence and proved that the defendant has not paid the outstanding due to the company . On the contrary, as the defendant had remained absent, the oral and documentary evidence placed on behalf of the plaintiff had remained unchallenged and un-rebutted. Hence, the plaintiff had proved its contention. As such, the defendant is liable to pay the suit claim along with interest at 12% p.a. as it is a commercial transaction. Accordingly, I answer point No.1 in the affirmative and point No.2 partly in the affirmative.
8. POINT No.3: In view of the above discussion, reasons stated and findings given to the point Nos. 1 & 2, I proceed to pass the following;
SCCH-13 6 SC.NO.1180/16
ORDER The suit of the plaintiff is decreed with costs.
Defendant is directed to pay to the plaintiff, a sum of Rs.14,595/-with interest @ 12% p.a. from the date of suit till realization within one month from the date of this decree, failure to which, the plaintiff is at liberty to proceed as per law.
Draw a decree accordingly.
(Computerized to my dictation, corrected and pronounced in the Open court on this the 29th day of September 2016.) (PANCHAKSHARI M.) II Addl. Small Causes Judge & XXVIII ACMM, Bengaluru.
ANNEXURE List of witnesses examined for plaintiff :
P.W.1 : Nazeer List of exhibits marked on behalf of plaintiff :
Ex.P-1 : Board resolution
Ex.P-2 : Agreement firm
Ex.P-3 & : 2 bills (Computer generated copies)
Ex.P-4
SCCH-13 7 SC.NO.1180/16
Ex.P-5 : Ledger extract
Ex.P-6 : Office copy of the legal notice
Ex.P-7 : RPAD receipt
List of witnesses & documents for defendant:
-NIL-
Exparte.
(PANCHAKSHARI M.) II Addl. Small Causes Judge & XXVIII ACMM, Bengaluru.SCCH-13 8 SC.NO.1180/16
ORDER The suit of the plaintiff is decreed with costs.
Defendant is directed to pay to the plaintiff, a sum of Rs.14,595/-with interest @ 12% p.a. from the date of suit till realization within one month from the date of this decree, failure to which, the plaintiff is at liberty to proceed as per law.
Draw a decree accordingly.
(PANCHAKSHARI M.) II Addl. Small Causes Judge & XXVIII ACMM, Bengaluru.SCCH-13 9 SC.NO.1180/16
S.C.C.H.NO.13 IN THE COURT OF SMALL CAUSES COURT, AT BENGALURU.
S.C.No.1180/2016 Plaintiff: M/s.Matrix Cellular(International) Services Pvt. Ltd., A company registered under the Companies Act, 1956, having its branch office at:
No.95, 17th B Main Road, Koramangala, Bengaluru-560 095.
Rept.by its Executive- Mr.Nazeer (By M/s.Agraa Legal, Advocates & Consultants) vs. Defendant: Mr.Vikas Jain, Major, S/o Prakash Chand, R/at B-1205, 2nd Main Road, Sampige Road, Malleshwaram, Bengaluru-560 003.
CLAIM: Suit filed on prays for directing defendant to pay a sum of Rs.
with interest % , costs and such other reliefs.
This suit coming on for final disposal before Smt. Panchakshari M., Addl. Judge, CSC, Bengaluru, in SCCH-13 10 SC.NO.1180/16 the presence of Sri/Smt Advocate, for the plaintiff and Sri/Smt Advocate, for the defendant.
It is ordered and decreed that, ORDER The suit of the plaintiff is decreed with costs.
Defendant is directed to pay to the plaintiff, a sum of Rs.14,595/-with interest @ 12% p.a. from the date of suit till realization within one month from the date of this decree, failure to which, the plaintiff is at liberty to proceed as per law.
And it is further ordered and decreed that the defendant do pay to the plaintiff sum of Rupees being the amount of costs incurred in this suit, as by memorandum annexed with interest thereon at per cent per annum from this date unto the date of realization.
Given under my hand and the seal of the Court this Day of 2015.
DY. REGISTRAR COURT OF SMALL CAUSES, BENGALURU SCCH-13 11 SC.NO.1180/16 MEMORANDUM OF COST INCURRED IN THIS SUIT By the Plaintiff Defendant Court fee on plaint Court fee on power Court fee on exhibits Service of process + Postal charges Commissioner's fees Pleaders fee ________________________ Total of Rs.
___________________________ Amount payable by the defendant to the plaintiff is Rs.
Decree Drafted Scrutinised by Decree Clerk SHERISTEDAR DY. REGISTRAR COURT OF SMALL CAUSES, BENGALURU