Bangalore District Court
M/S Matrix Cellular vs M/S Amball Holdings on 13 January, 2016
SCCH-14 1 SC No.1341/2015
C.R.P. 67] Government of Karnataka
Form No. 9
(Civil) TITLE SHEET FOR JUDGEMENTS IN SUITS
Title Sheet for
Judgment in IN THE COURT OF THE SMALL CAUSES AT BANGALORE
Suits
PRESENT: Basavaraj Chengti., B.Com.,LL.B.,(spl)
XVI ADDL. JUDGE,
Court of Small Causes,
BANGALORE.
Dated this the 13th day of January 2016.
S.C.No.1341/2015
PLAINTIFF: M/s MATRIX CELLULAR
(International) Services Pvt Ltd.
A company registered
under the companies Act, 1956
and having its
Branch office at No.95,
17th B main road,
Koramangala,
Bangalore-560095.
Represented by its Executive
Mr.Nazeer
(By pleader Sri KNN)
Vs.
DEFENDANT/S : M/S AMBALL HOLDINGS,
THROUGH ITS MANAGING
DIRECTOR,
Having its Registered Office at: B-80,
Deyavasandra Industrial Estate,
Whitefield Road, Mahadevapura,
Bangalore-48.
(Exparte)
SCCH-14 2 SC No.1341/2015
Date of institution of the suit: 20.11.2015
Nature of the suit (suit on pronote,
suit for declaration and possession Money suit
suit for injunction, etc.,):
Date of the commencement of 07.01.2016
recording of the evidence:
Date on which the Judgment 13.01.2016
was pronounced:
Year/s Month/s Days
Total duration: 00 01 23
Additional Judge
SCCH-14 3 SC No.1341/2015
JUDGMENT
This is a small cause suit for recovery of money.
2. Brief averments of the plaint are as under:
The plaintiff is a Company carrying out the business of International Mobile Connections and it is incorporated under the provisions of Indian Companies Act, 1956. Mr. Nazeer, Executive has been authorised to represent the plaintiff company. The defendant has applied for International Mobile Connection in Bangalore and procured the Standard Customer Agreement Form containing the terms and conditions regarding the usage of said connection. After being satisfied about the terms and conditions, the defendant agreed to hire a mobile connection and categorically signed a statement that he has read and understood the terms and conditions of the agreement Form and agreed to abide by them. Thereafter, several bills were raised on the basis of the defendant's usage of the said mobile connection. In spite of several requests and demands, the defendant has failed to pay a sum of Rs.16,963/- in respect of account code 243657 agreement No.T1000155800, Mobile No.13825176358, country of usage was China despite the defendant having specifically and expressly agreed to clear all dues charged for the rental/usage of the mobile connection. Thereafter, the plaintiff through his counsel got issued a legal notice dated 13.12.2014 to the defendant calling upon to make the payment of outstanding amount along with interest of 18% per annum., The said notice was duly served upon him. He has neither chosen to reply to the said notice nor complied with the demands made therein. Hence, the plaintiff has filed this suit for recovery of Rs.16,963/- from the SCCH-14 4 SC No.1341/2015 defendant with future interest @18% p.a., from the date of due till realization.
3. In spite of service of summons, the defendant remained absent and hence, he is placed exparte. Then, authorised executive of the plaintiff has been examined as PW.1 and documents are got marked as Ex.P1 to 6.
4. Heard the arguments and perused the records.
5. Now, the points arise for my consideration are as under:-
1. Whether the plaintiff is entitled for the suit claim?
2. What order or decree?
6. My findings on the above points are as under:-
Point No.1 - Partly in affirmative Point No.2 - As per final order for the following:
REASONS
7. POINT No.1:- In order to prove his case, the plaintiff has examined his authorised executive as PW.1 and got marked documents as Ex.P1 to 6. The defendant remained exparte.
8. PW.1 Nazeer is the authorised executive of the plaintiff and he has reiterated entire averments of the plaint and deposed about the business of the plaintiff, about availment of International Mobile Connection by the defendant from the plaintiff with Mobile No. 13825176358 under agreement No. T1000155800, with account No.243657 for using the said connection to make calls to China, about usage of Mobile connection by the defendant, about raising of bills by the plaintiff regarding usage of the defendant, about non SCCH-14 5 SC No.1341/2015 payment of Rs.16,963/- by the defendant towards usage charges, demand made by the plaintiff for payment of same, about issuance of notice to the defendant and non compliance of the demand by the defendant. Hence, he has sought for passing Judgment and decree against the defendant as prayed in the suit. His evidence remained unchallenged. There is nothing on record to disbelieve his evidence.
9. The plaintiff has produced Copy of board resolution, Agreement, Bill with certificates, Ledger extract, Copy of Legal Notice, Postal Receipt to support the oral evidence of PW.1 which are marked as Ex.P1 to 6. These documents corroborate the evidence of PW.1 and reveal that the defendant has availed International Mobile connection from the defendant to make calls to China, that the defendant has used the said connection for which the plaintiff has raised bills and maintained an account in the name of the defendant, that the defendant was in due of Rs.16,963/- as on the date of suit which remained unpaid inspite of requests, demands and legal notice. PW.1 has deposed about failure of the defendant to pay the amount and his liability to pay interest. His evidence is un-controverted, but there is no agreement between the parties for payment of interest. However, agreement at Ex.P2 and duplicate bills at Ex.P3 disclose that a late fee of Rs.100/- per Rs.5,000/- will be charge for late payment. The plaintiff has already debited late fee in the account of the defendant. The contract is a commercial contract. Therefore, I am of the opinion that the plaintiff has proved his case through oral and documentary evidence, that the defendant was in due of Rs.16,963/- as on the date of suit. In the absence of agreement, I award an interest @ 12% p.a., from the date of suit till SCCH-14 6 SC No.1341/2015 realization. The defendant is liable to pay Rs.16,963/- with interest @12%p.a., Consequently, I answer the point partly in affirmative.
10. POINT No.2 : In view of above discussion and finding, I pass the following :
ORDER The suit of the plaintiff is partly decreed with cost.
The defendant is liable to pay to the plaintiff Rs.16,963/- with interest @12% p.a., from the date of suit till realization.
Draw decree accordingly.
(Dictated to the Stenographer, directly on computer and then corrected by me and pronounced in the open court, on this the 13th day of January 2016.) [ (Basavaraj Chengti) XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 7 SC No.1341/2015
ANNEXURE Witnesses examined on behalf of the plaintiff :
PW-1 Nazeer Witnesses examined on behalf of the defendants: NIL.
Documents exhibited on behalf of the plaintiffs:
Ex.P1 - Copy of board & resolution Ex.P2 - Agreement Ex.P3 - Bill with certificate (2 in nos) Ex.P4 - Ledger extract Ex.P5 - Copy of Legal Notice Ex.P6 - Postal Receipt Defendant's Nil XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 8 SC No.1341/2015
Dt.13.01.2016 P-KNN D-Exparte For Judgment Judgment pronounced in open court vide separate judgment.
ORDER The suit of the plaintiff is partly decreed with cost.
The defendant is liable to pay to the plaintiff Rs.16,963/- with interest @12% p.a., from the date of suit till realization. Draw decree accordingly.
XVI ADDL.JUDGE, Court of Small Causes, BANGALORE.SCCH-14 9 SC No.1341/2015
DECREE S.C.C.H.NO.14 IN THE COURT OF SMALL CAUSES COURT, AT BANGALORE.
S.C.No.1341/2015
PLAINTIFF: M/s MATRIX CELLULAR
(International) Services Pvt Ltd. A company registered under the companies Act, 1956 and having its Branch office at No.95, 17th B main road, Koramangala, Bangalore-560095.
Represented by its Executive Mr.Nazeer (By pleader Sri KNN) Vs. DEFENDANT/S : M/S AMBALL HOLDINGS, THROUGH ITS MANAGING DIRECTOR, Having its Registered Office at: B-80, Deyavasandra Industrial Estate, Whitefield Road, Mahadevapura, Bangalore-48.
(Exparte) 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 Sri.Basavaraj Chengti., XVI ADDL.JUDGE, CSC, Bangalore, in the presence of Sri/Smt SCCH-14 10 SC No.1341/2015 Advocate, for the plaintiff and Sri/Smt Advocate, for the defendant.
And it is further ordered and decreed that 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.
ORDER The suit of the plaintiff is partly decreed with cost.
The defendant is liable to pay to the plaintiff Rs.16,963/- with interest @12% p.a., from the date of suit till realization. Draw decree accordingly.
Given under my hand and the seal of the Court this Day of 2016.
REGISTRAR, COURT OF SMALL CAUSES, Bangalore.SCCH-14 11 SC No.1341/2015
MORANDUM 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 REGISTRAR, COURT OF SMALL CAUSES, BANGALORE.
Decree Clerk SHERISTEDAR
SCCH-14 12 SC No.1341/2015
s