Bangalore District Court
Telent Folks Creative Wall Papers vs Sudeekshaa Health Care Pvt Ltd on 3 September, 2024
1 SC.No.670/2023
SCCH-13
KABC020213802023
IN THE COURT OF THE SMALL CAUSES AT
BENGALURU
Dated this the 03rd day of September, 2024
PRESENT: Smt.Shyla S.M., B.B.M. LL.B.,
II Addl.S.C.Judge & ACJM,
Court of Small Causes,
BENGALURU
:: SC.No.670/2023::
Plaintiff/s: M/s.Talent Folks Creative Wall
Papers,
No.132, 2nd Main Road,
2nd Block, Rajajinagar,
Bengaluru560 010
represented by its Partner
Sri.V.Y.Pawar
(By Sri.N.S., Advocate)
V/s
Defendant/s: Sudeekshaa Health Care Pvt.Ltd.,
No.7, 4th Cross, East Link Road,
Malleshwaram
Bengaluru560 003,
Represented by its
Chief Executive Officer,
Mrs.A.Revathi Rao,
(By Sri.N.L.A., Advocates)
*****
2 SC.No.670/2023
SCCH-13
Date of Institution of the suit : 21072023
Nature of the Suit : For recovery of money
Date of the commencement of
Recording of the evidence : 18072024
Date on which the Judgment
Was pronounced : 03092024
Total Duration : 1 Year/1 Months/12 Days
(Shyla S.M.)
IInd Addl.S.C.J & ACJM
Court of Small Causes
Bengaluru
JUDGMENT
The plaintiff has filed this suit against the defendant for recovery of amount of Rs.1,59,724/ with interest @ 24% per annum. The defendant has not resisted the suit.
2. The sum and substance of the facts of the case of the plaintiff is as under: The plaintiff is the supplier of Standard Wallpapers, Artificial Grass, Wooden skirting, etc., Such being the case, the defendant had approached the plaintiff and has requested to supply the wall covering, artificial grass and wooden flooring to him. The plaintiff has agreed the same. The plaintiff as well as defendant have entered into an 3 SC.No.670/2023 SCCH-13 agreement on 21032023. In terms of agreement, the plaintiff has supplied the following materials to the under the invoices:
i) Invoice No.CW/2223/00046 Rs.71,500/ dated 21.01.2023 including GST.
ii) Invoice No.CW/2223/00049 Rs.43,200/ dated 31.01.2023 including GST.
iii) Invoice No.CW/2223/00050 Rs.18,980/ dated 04022023 including GST.
Total Rs.1,33,680/ In terms of the agreement, the defendant is liable to pay the invoice amount within 60 days from the date of respective invoices. However, the defendant has failed to pay the said invoice amount. Despite of issuance of legal notice dated 30052023 and repeated requests, the defendant has failed to discharge his liability. Hence this suit.
3. Heard arguments of plaintiff's counsel.
4. On the above pleadings the following points arise for my consideration:
(1) Whether the plaintiff is entitled for recovery of amount as alleged?
(2) What order or decree?4 SC.No.670/2023
SCCH-13
5. To substantiate the claim of the plaintiff, the partner of the plaintiff has examined as PW.1 and got marked Ex.P.1 to Ex.P.7.
6. I answer the above points as follows:
Point No. 1 : In the partly affirmative Point No. 2 : As per final order for the following;
:REASONS:
7. Point No.1: The The plaintiff is the supplier of Standard Wallpapers, Artificial Grass, Wooden skirting, etc., Such being the case, the defendant had approached the plaintiff and has requested to supply the wall covering, artificial grass and wooden flooring to him. The plaintiff has agreed the same. The plaintiff as well as defendant have entered into an agreement on 21032023. In terms of agreement, the plaintiff has supplied materials. In terms of the agreement, the defendant is liable to pay the invoice amount within 60 days from the date of respective invoices. However, the defendant has failed to pay the said invoice amount. Despite of issuance of legal notice dated 30052023 and repeated requests, the defendant has failed to discharge his liability. 5 SC.No.670/2023
SCCH-13
8. In order to substantiate the case, the partner of the plaintiff has examined as PW.1. He has filed an affidavit under Order XVIII Rule 4 Code of Civil Procedure in lieu of examination in chief. Wherein he has reiterated the averments of plaint and got marked Exs.P1 to P7 documents. Ex.P.1 is the agreement. It shows that the plaintiff and defendant have entered into an agreement on 21012023. The terms and conditions of the said agreement is necessary to reproduce the same. Which reads as under:
"The payment shall be made in 60 days from the date of submission of proper commercial invoice along with the proof of supply of goods and/or services duly acknowledged by your representative and the payment shall be made by the Purchaser from time to time in Currency (INR) through A/C payee Cheque/Online Transfer only.
9. Ex.P.2 Tax Invoices (3 in Nos.) show that the plaintiff has supplied wall papers, Artificial grass, wooden flooring to the defendant on 21012023, 31012023 and 04022013 respectively. It is alleged by the plaintiff that the defendant has not paid the tax invoices amount within 60 days as stipulated in the agreement entered between them. 6 SC.No.670/2023
SCCH-13 Ex.P.2 tax invoices probabilies that the defendant purchased the wall covering papers, artificial grass, wooden flooring under the invoice i) Invoice No.CW/2223/00046 Rs.71,500/ dated 21.01.2023 including GST., ii) Invoice No.CW/2223/00049 Rs.43,200/ dated 31.01.2023 including GST., iii) Invoice No.CW/2223/00050 Rs.18,980/ dated 04022023 including GST, the total amount of Rs.1,33,680/. Further the notice i.e., Ex.P.5 shows that the plaintiff has issued legal notice to the defendant calling upon him to discharge his liability. However, the defendant has failed to discharge his liability and has failed to pay the invoice amount to the plaintiff.
10. The document is the best evidence of its content. Section 91 of Indian Evidence Act bars evidence other than the primary or secondary evidence of the terms of contract in writing. The primary evidence from which intention of the plaintiff and defendant can be gathered in Ex.P1. Though the defendant purchased the materials at Ex.P.2 - Tax invoices. He default to pay the said amount within stipulated period. In terms of the agreement, the defendant is liable to pay the invoice amount within 60 days from the date of respective invoices. However he has failed to pay the said amount. 7 SC.No.670/2023
SCCH-13 Hence, I am inclined to believe that version of the plaintiff. In pursuance of summons, the defendant appeared through his counsel but he has not resisted the suit by filing his written statement or crossexamining the PW.1. As such, the pleading and documentary evidence of plaintiff became unchallenged one and there is no reason to disbelieve the evidence of the plaintiff. The plaintiff claims for the recovery of Rs.1,59,724/ @ 24% P.A. I have perused the materials placed before the court carefully. Ex.P.1 Agreement is silent with regard to interest is concerned. I do not understand how the plaintiff has sought 24% interest. No documents have been placed by the plaintiff with regard to interest is concerned. The Ex.P1 has mentioned about the rate of interest. The kind of contract between the parties, I opine that there is no base made out to claim interest as alleged. Moreover, pendante lite interest is discretion vested with the court. Thus this court is of the opinion that it is just and reasonable to impose interest at 6% P.A. only and not 24% P.A. as claimed by the plaintiff. Thus, I answer point No.1 partly in the affirmative.
8 SC.No.670/2023
SCCH-13
11. Point No.2: In view of the above discussion, I proceed to pass the following:
:O R D E R:
The suit is partly decreed with costs. The defendant is directed to pay sum of Rs.1,59,724 / to the plaintiff at the rate of 6% P.A from the date of the suit till the date of realization.
The defendant shall pay amount within two months from the date of this order.
Draw decree accordingly.
(Directly dictated to the stenographer, typed by her, corrected and then pronounced by me in the open court on this day 3rd day of September, 2024) (Shyla S.M.) II ADDL.S.C.JUDGE & ACJM COURT OF SMALL CAUSES, BENGALURU.
ANNEXURE List of Witness Examined for the plaintiff:
PW.1: V.Y.Pawar List of Documents Exhibited for the plaintiff:
Ex.P1: Agreement
Ex.P2: 3 Invoice
Ex.P3 & 4: Mail Correspondence
Ex.P5: Notice issued to the Defendant
9 SC.No.670/2023
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Ex.P6: Postal receipt
Ex.P7: Postal track endorsement
List of Witness Examined for the defendants:
Nil List of Documents Exhibited for the defendants:
Nil (Shyla S.M.) II ADDL.S.C.JUDGE & ACJM COURT OF SMALL CAUSES, BENGALURU.
Digitally
signed by
SHYLA S
SHYLA M
SM Date:
2024.09.13
16:02:08
+0530