Bangalore District Court
Steel Hypermart India Private vs M/S.Eshwar Engineering Works on 21 September, 2021
1
Com.O.S.320/2021
IN THE Court OF LXXXVII ADDL.CITY CIVIL & SESSIONS JUDGE,
(EXCLUSIVE COMMERCIAL Court)
AT BENGALURU (CCH.88)
THIS THE 21st DAY OF SEPTEMBER 2021
PRESENT:SRI.CHANDRASHEKHAR U., B.Sc.,
LL.M.,LXXXVIIADDL.CITY CIVIL & SESSIONS
JUDGE,BENGALURU.
Com.O.S.No.320/2021
PLAINTIFF : STEEL HYPERMART INDIA PRIVATE
LIMITED.
A company incorporated under the
provisions of the Indian Companies Act,1956
Having its registered office at Mannat, #2/1
A, Nanjappa Road, Shantinagar, Bengaluru-
560027
Represented by its Director,
Mr.Mahendra Kumar Singhi
(SHASHANK NAGENDRAN, ADVOCATE)
AND
DEFENDANTS:s 1. 1.M/s.ESHWAR ENGINEERING WORKS,
A registered Partnership Firm,
Having office at
No.41 to 43, 4th Cross, Kamraj Nagar,
Hosur-635126 (KRISHNAGIRI DIST.)
2. Mr.VISWANATHAN DURAI,
Aged about major, Partner,
M/s.Eshwar Engineering Works,
No.41 to 43, 4th Cross, Kamraj Nagar,
Hosur-635126 (KRISHNAGIRI DIST.)
Also, at:
No.9, First Floor,
Tejaswini Complex,
Kamaraj Nagar,
9th Cross, Sipcot,
Hosur, Krishnagiri Dist,
Tamil Nadu, 635126
Also, at:
Plot No.9 & 10, 9th Cross,
Kamraj Nagar, Behind HLL,
SIPCOT Post, Hosur,
Krishnagiri-635126
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Com.O.S.320/2021
3.Mr. A.THANGAVEL,
S/o.Mr.Arumugam, Partner,
M/s. Eshwar Engineering Works,
No.41 to 43, 4th Cross, Kamraj Nagar,
Hosur, Krishnagiri-635126
Also, at:
Survey No.571/1B, Shed No.1, Sreenagar,
Behind Sai Baba Temple, Hosur,
Krishnagiri-635109
Also, at:
Plot No.46-C, NEW SIDCO INDUSTRIAL
ESTATE, SREENAGAR, Behind Teleplhone
Eschange, HOSUR-635109 Krishnagiri-
635109
(Exparte)
Date of Institution of the 22.04.2021
suit
Nature of the suit (suit on
pronote, suit for
declaration & Possession, Suit for recovery of money
Suit for injunction etc.)
Date of commencement of 06.09.2021
recording of evidence
Date on which judgment
was pronounced 21.09.2021
Total Duration Year/s Month/s Day/s
00 04 29
(CHANDRASHEKHAR U),
LXXXVII Addl.City Civil & Sessions Judge,
(Exclusive Commercial Court)
Bengaluru.
3
Com.O.S.320/2021
JUDGMENT
The plaintiff has filed the suit for recovery of a sum of Rs.12,85,270.83 (Rupees twelve lakhs eighty five thousand two hundred and seventy and eighty three paise only) with interest at 24% per annum from the date of suit till realisation.
2. It is the case of the plaintiff that it is a company registered under the Companies Act, 1956, and engaged in the business of trading of iron and steel products like high rolled and cold rolled plates, sheets etc. Defendant No.1 is a registered firm and defendant No.2 and 3 are the partners. During the course of business, the defendants approached the plaintiffs for supply of various materials in the year 2012 in the office of the plaintiff at Bengaluru. Accordingly, certain invoices were raised and goods were supplied from Hosur warehouse of the plaintiff to the tune of Rs.82,74,504/- (Rupees eighty two lakhs seventy four thousand five hundred and four only) under 49 invoices from 12.03.2012 to 28.04.2016 and received 45 payments for a total sum of Rs.79,73,873/- (Rupees seventy nine lakhs seventy three thousand eight hundred and seventy three only). Towards 2 invoices dated 06.04.2016 and 28.04.2016, the defendants were due in a sum of Rs.3,00,631/- (Rupees three lakhs six 4 Com.O.S.320/2021 hundred and thirty one only). In spite of repeated requests, defendant did not pay the amount and the defendant has acknowledged the outstanding as on 31.03.2019. Thereafter, a pre-institution mediation was sought for but the defendant did not turn up, accordingly, case was not settled. As on the date of suit, the defendants are liable to pay a sum of Rs.12,85,270.83 (Rupees twelve lakhs eighty five thousand two hundred and seventy and eighty three paise only) towards the cost of the invoice amount and interest. The cause of action of the suit has arisen on 06.04.2016, 28.04.2016 and 29.04.2016 the date of raising of invoices and subsequent date of acknowledgement by the defendants confirming the balance within jurisdiction of this Court. Accordingly, the plaintiff has prayed for judgment and decree.
3. After service of summons, the defendants did not appear. Accordingly, they were placed ex-parte. The plaintiff got examined it's representative as PW1 and got marked 16 documents at Ex.P1 to Ex.P16.
4. Heard.
5
Com.O.S.320/2021
5. The points that arise for my consideration are:-
1. Whether the plaintiff is entitled to the relief claimed?
2. What Order?
6. My answer to the above points are:
Point No.1 :- In the Affirmative. Point No.2 :- As per the final Order for the following :
REASONS
7. Point No.1 :- In order to prove the points, the plaintiff mainly relies upon the evidence of PW1 and documents at Ex.P1 to Ex.P16. Ex.P1 is board resolution authorizing Mr.Mahendra Kumar Singh to initiate proceedings against the defendants. Ex.P2 to P4 are invoices for supply of materials on various dates. Ex.P5 and Ex.P6 are letters of outstanding as on 31.03.2019 which came to be confirmed by them by signing on it. Ex.P7 to Ex.P12 are confirmation of accounts by the defendants thereby confirmed its liability to pay the amount and therefore, there is no bar of limitation. Ex.P13 to Ex.P16 are debit notes which disclose the amount due to the plaintiff. 6
Com.O.S.320/2021 With the help of the above documents, learned counsel for the plaintiff would argue that the defendant having purchased the materials right from the year 2012, failed to make good to the suit claim, even after service of summons. The documents amply indicate the supply of materials, payments made and also the balance due. The plaintiff has claimed interest at 24% per annum and basis for claiming the rate of interest is under trade and commerce and it is reflected in the confirmation of accounts letters. So, in view of the above fact I am of the view that the plaintiff is entitled to the suit claim as prayed for. Hence, I answer point No.1 in the Affirmative.
8. Point No.2 :- For the reasons stated in the above said paras, I proceed to pass the following:
ORDER The suit of the plaintiff is decreed with costs. The defendants are hereby directed to pay to the plaintiff a sum of Rs.12,85,270.83 (Rupees twelve lakhs eighty five thousand two hundred and seventy and eighty three paise only) with interest at 24% per annum from the date of suit till realisation. 7
Com.O.S.320/2021 Further, the defendants are hereby directed to pay cost of the suit to the plaintiff. The Advocate for the plaintiff is directed to file Memorandum of Cost before the Office within 5 days from today.
Draw decree accordingly. The Office is directed to send copy of this judgment to plaintiff and defendant to their email ID as required under Order XX Rule 1 of the Civil Procedure Code read with Section 16 of the Commercial Courts Act. (Dictated to the Stenographer, typed by her, corrected and then pronounced by me in open Court on this the 21st day of SEPTEMBER, 2021).
(CHANDRASHEKHAR U), LXXXVII Addl.City Civil & Sessions Judge, (Exclusive Commercial Court) Bengaluru.8
Com.O.S.320/2021 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF PW-1 MAHENDRA KUMAR SINGH LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P-1 The copy of the board resolution Ex.P-2 to Ex.P-4 3 invoices Ex.P-5 and Ex.P-6 Two letter confirming the balance by the defendant Ex.P-7 to Ex.P-12 6 confirmation letter Ex.P-13 to Ex.P-16 4 debit notes LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL (CHANDRASHEKHAR U), LXXXVII Addl.City Civil & Sessions Judge, Bengaluru.9
Com.O.S.320/2021 xxxxx 30.08.2021 P-
D1- D2 - Exparte For Judgment 10 Com.O.S.320/2021 The Judgment is pronounced in Open Court vide separate Judgment. The operative portion of the said Judgment is as follows :-
ORDER The suit of the plaintiff is decreed with costs.
The defendant is hereby directed to pay to the plaintiff a sum of Rs.12,85,270.83 (Rupees twelve lakhs eighty five thousand two hundred and seventy and eighty three paise only) with interest at 24% per annum from the date of suit till realisation. Further, the defendant is hereby directed to pay cost of the suit to the plaintiff. The Advocate for the plaintiff is directed to file Memorandum 11 Com.O.S.320/2021 of Cost before the Office within 5 days from today. Draw decree accordingly.
The Office is directed to
send copy of this judgment to
plaintiff and defendant to
their email ID as required
under Order XX Rule 1 of the
Civil Procedure Code read
with Section 16 of the
Commercial Courts Act.
LXXXVII ACC&SJ,
B'LURU.