Bangalore District Court
On 09.07.2019 The vs Started To Postpone The Payment Wit One ... on 7 January, 2023
12 COM.O.S.113/2020
IN THE COURT OF LXXXII ADDL.CITY CIVIL & SESSIONS
JUDGE, AT BENGALURU (CCH.83)
THIS THE 07th DAY OF JANUARY 2023
PRESENT:
SMT. SUMANGALA S BASAVANNOUR.,B.COM,L.L.M.,
LXXXII ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.O.S.No.113/2020
BETWEEN:
M/s. Automatic Variac
Control represented by
its proprietor Sri.
A.Anthonappa
Bortholom S/o
Anthonappa, at No.8 &
9, Katha # 190/175 ( old
No.140/12) Bilekahalli,
Bommanahalli CMC,
Bengaluru.
: PLAINTIFF
(Represented by Sri.
Sridhara T -Advocate)
AND
Onemax Dynamics Private
Limited, Represented by
Its Managing Director
Sri. Jagadish Kilaru,
DIN No.08343977
12 COM.O.S.113/2020
Shed at No.40/B Phase,
II, IDA Cherlapally,
Hyderabad, Telangana-50005, India.
: DEFENDANT
(Defendant is placed
exparte as per order
dated 17.10.2022)
Date of Institution of the
02.03.2020
suit
Nature of the suit (suit on
pronote, suit for
Suit for recovery of money
declaration & Possession,
Suit for injunction etc.)
Date of commencement of 17.11.2022
recording of evidence
Date on which judgment 07.01.2023
was pronounced
Total Duration Year/s Month/s Day/s
02 10 05
(SUMANGALA S BASAVANNOUR),
LXXXII Addl.City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
This suit filed by the Plaintiff for recovery of Rs.3,78,072/- together with interest at 24% per annum from the date of filing of the suit till its realization.
12 COM.O.S.113/20202. The contentions of the Plaintiff in brief are as follows:-
The defendant was used to do business with the plaintiff and defendant was used to purchase the Electrical goods from the plaintiff firm and hence, the defendant know to the plaintiff under business transaction. The defendant was doing business with the plaintiff and earlier and in beginning days of business the defendant had done good business transaction with the plaintiff. On 09.07.2019 the defendant has placed purchase order to the plaintiff under purchaser order bearing No.ODPL/ 025/ 2019-20 to the plaintiff to purchase goods of Auto Transform products 1) VARIAC-10AMPS (30 quantity) worth of 57,000/- 2). VARIAC-15AMPS (29 quantity) worth of Rs.79,750 3) VARIAC- 20AMPS (30 quantity) worth of 96,000/- 4) VARIAC- 12AMPS (30 quantity) worth of Rs.60,000/-.
Based on the purchase order of defendant on 16.07.2019 the plaintiff has supplied/delivered the materials and raised bill as follows:-
a) Invoice No.AVC035 dated: 16.07.2019 total for a sum of Rs.3,45,445/- including GST at the rate of 18% on purchased products and payment was within 30 days from the date of Delivery.12 COM.O.S.113/2020
Many times the plaintiff requested the defendant to clear balance amount due under the said bill Invoice, but the defendant started to postpone the payment wit one or other false reasons. Hence, many times the plaintiff sent massages for payment of bill in mobile Watsapp massages and the defendant was used to postpone for payment of amount with one or other reasons. The defendant did not paid cleared amount to the plaintiff covered under the raised bill Invoices and hence, having no other option finally on 12.02.2020 the plaintiff has issued legal notice to the defendant calling the defendant to clear the bill amount within 7 days from the date of receipt of legal notice. The notice sent by the plaintiff under the RPAD to the address of the defendant is evaded by the defendant by colluding with the postal authority and hence, the legal notice is returned with un-served with a endorsement left the address. The defendant is still running the business in the said address and defendant is running business in the said premises and same is in active. Despite the receipt of the legal notice the defendant neither has paid the amount covered under the said Invoices nor has replied to the notice. The defendant is liable to pay following amount to the plaintiff. Principal amount of Rs.3,45,445/-. Interest of Rs.32,627/- for a period from 16.07.2019 till January 2020 at the rate of 24% p.a. Total payment due is Rs.3,78,072/- as on January 2020. The defendant is further liable to pay interest at the rate of 24% 12 COM.O.S.113/2020 from January 2020 to till its realization. The defendant is legally bound to pay the said amount of Rs.3,78,072/- to the plaintiff. The defendant intentionally to cheat the plaintiff has not paid the amount and the defendant is evading the plaintiff for payment of said amount. Hence, the Plaintiff has filed this suit for the above-mentioned reliefs.
3. Inspite of service of suit summons, the Defendant has not appeared before this court, he was placed ex-parte on 17.10.2022.
4. The Plaintiff has examined PW-1 and got marked Ex.P.1 to Ex.P.6(a). I have heard the arguments of the Advocate for the Plaintiff.
5. Based on the above pleadings of the Plaintiff, the following points arise for my consideration :-
1. Whether the Plaintiff is entitled for the Suit Claim from the Defendant ?
2. What Order ?
6. My findings on the above Points are as under:
1. Point No.1 :- In the Partly Affirmative.
2. Point No.2 :- As per the final Order for the following reasons.12 COM.O.S.113/2020
REASONS
7. Point No.1 :- The Plaintiff to substantiate this case examined its Proprietor of the Plaintiff firm, A.Anthonappa Bortholom as PW.1. PW.1 in his evidence reiterated averments of the Plaint, and got marked Ex.P.1 to Ex.P.6(a).
8. In the decision reported in A.I.R. - 2000 - Karnataka - 234 (Syed Ismail vs. Smt. Shamshia Begum), the Hon'ble High Court of Karnataka has held as follows :-
"3. The impugned order does not disclose the nature of pleading placed by the plaintiff and whether there is prima facie material to grant a decree in his favour. A judgment in favour of the plaintiff is not automatic. The Court has to consider the case of the plaintiff and grant a decree in his favour. The learned trial Judge has not referred to the pleadings of the plaintiff and the documents produced by him to substantiate even a prima facie case for grant of a decree in his favour. Therefore, the judgment and decree in favour of the plaintiff is not automatic on failure of the opposite party to put his defence. The Court can grant a judgment in favour of the party only upon consideration of the case of the plaintiff including appreciation of pleadings and evidence."12 COM.O.S.113/2020
9. The averments of the Plaint, evidence of PW.1 and Ex.P.1 to Ex.P.3 it discloses that on 09.07.2019 the defendant has placed under purchaser order bearing No.ODPL/ 025/ 2019-20 to the plaintiff to purchase goods of Auto Transform products 1) VARIAC-10AMPS (30 quantity) worth of 57,000/- 2). VARIAC- 15AMPS (29 quantity) worth of Rs.79,750 3) VARIAC- 20AMPS (30 quantity) worth of 96,000/- 4) VARIAC-12AMPS (30 quantity) worth of Rs.60,000/-. Based on the purchase order of defendant on 16.07.2019 the plaintiff has supplied/delivered the materials and raised bill as per Ex.P.2 and Ex.P.3.
10. Many times the plaintiff requested the defendant to clear balance amount due under the said bill Invoice, but the defendant started to postpone the payment wit one or other false reasons. Hence, many times the plaintiff sent massages for payment of bill in mobile Watsapp massages and the defendant was used to postpone for payment of amount with one or other reasons.
11. The defendant did not cleared amount to the plaintiff covered under the Invoices and hence, having no other option finally on 12.02.2020 the plaintiff has issued legal notice to the defendant calling the defendant to clear the invoice amount within 7 days from the date of receipt of legal notice at Ex.P.4.
12 COM.O.S.113/2020Despite the receipt of the legal notice the defendant neither has paid the amount covered under the said Invoices nor has replied to the notice.
12. On perusal of Invoices Ex.P.2 clearly shows that the Plaintiff has supplied the goods worth Rs. 3,45,445/-. The plaintiff also produced Ex.P.3 it shows that the Plaintiff supplied goods worth Rs. 93,810/-. But the Plaintiff has stated that the defendant is liable to be 3,45,445/-. So, it mean that the Plaintiff is claiming only the invoice amount mentioned in the Ex.P.2. Form the Evidence of PW.1 and Ex.P.1 and Ex.P.2 it is proved that the Defendant is placed purchase order as per Ex.P.1 accordingly the Plaintiff has supplied the goods as per Ex.P.2 worth Rs. 3,45,445/-. The Plaintiff has claimed the interest at 24% per annum from the date of filing ht suit till the realization.
13. Ex.P.2 and Ex.P.3 discloses that the interest will be charged 24% if payment is not made within due date. The Plaintiff is entitle to interest at the rate of 24% per annum from 16.07.2017 till January 2020 of Rs. 32,627/-. Hence the Defendant is liable to pay due is Rs. 3,78,072/- with interest. The Plaintiff has claimed at the rate of 24% per anum from the date of suit till the realization. However by considering the interest prevailing, it is proper to award interest @ 11% per 12 COM.O.S.113/2020 annum from the date of suit.
14. The above mentioned transactions commenced from 09.07.2019 and the suit filed on 02.03.2020 is within the limitation period.
15. In this case in spite of service of suit summons, the Defendant is not appeared and denied the claim of the Plaintiff Hence, it shows the Defendants admitted the case of the Plaintiff. The evidence of PW.1 and Ex.P.1 to Ex.P.6(a) are remained unchallenged. Therefore, the Plaintiff is entitle for recovery of the suit claim amount of Rs. 3,78,072/- with interest @ 11% per annum from the date of suit till payment of the entire amount. Hence, I answer this Point in " Partly Affirmative".
16. Point No.2 : -Therefore, I proceed to pass the following Order.
ORDER The Suit of the Plaintiff is decreed in part with cost.
The Defendant is liable and directed to pay Rs. 3,78,072/- to the Plaintiff, with interest at 11% per annum from the date of filing of the suit till realization.
12 COM.O.S.113/2020Draw 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 as amended under Section 16 of the Commercial Courts Act.
( Dictated to the Stenographer, typed by her directly on computer, verified and then pronounced by me in open Court on this the 7th day of January, 2023).
(SUMANGALA S BASAVANNOUR), LXXXII Addl.City Civil & Sessions Judge, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF PW-1 Sri. Anthonappa Bortholom LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P.1 Purchase Order with 65 B certificate is Ex.P.1(a) Ex.P.2 Invoice No.AVC035 Ex.P.3 Invoice No. AVC037.
12 COM.O.S.113/2020Ex.P.4 Office copy of the legal notice dated 11.02.2020.
Ex.P.4(a) Postal receipt. Ex.P.5 Unserved RPAD cover marked. Ex.P.6 Reply notice dated 05.03.2020. Ex.P.6(a) Postal Cover.
LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL (SUMANGALA S BASAVANNOUR), LXXXII Addl.City Civil & Sessions Judge, Bengaluru.