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This suit is filed by the plaintiff praying to direct the defendant to pay Rs.6,21,599/- with interest @6% per annum till full realization and also praying to direct the defendant to return of 11 door TDU Freezer worth Rs.2,65,000/- and to return chest freezer of 825 litres capacity worth Rs.35,000/- to the plaintiff.

2. The case of plaintiff in brief is as under:

The plaintiff is well known name in the manufacturing and selling of Ice Cream and Frozen Desserts in Karnataka and neighbouring states. The defendant was appointed as distributor. The business relationship between the plaintiff and defendant were cordial till March 2019. In the transaction had between the parties there is outstanding amount of Rs.5,94,832/-, pertaining to 3 invoices mentioned in the application. The defendant had also taken 11 door TDU Freezer worth Rs.2,65,000/- and one of chest freezer of 825 litres capacity worth Rs.35,000/- for the business purpose from the plaintiff and this also is to be returned by the defendant. The defendant gave a letter expressing her CT 1390_Com.O.S.07-2020_Judgment.doc difficulty in making payment on 8/1/2019. Though the plaintiff requested the defendant to make payment and also return the Freezer, defendant avoided the same and a legal notice sent to the defendant also returned as refused. Though the plaintiff is entitled to charge interest @24% per annum, plaintiff has charged interest and restricted the claim only to 6% interest and by adding interest from 1/4/2019 to 31/12/2019. The total amount comes to Rs.6,21,599/- which includes outstanding amount of Rs.5,94,832/- and interest of Rs.26,767/-. For recovery of this amount, plaintiff has filed this suit.

6. Heard arguments. Perused records.

7. My answer to the above points are :

      Point No.1        : In the affirmative.
      Point No.2        : In the affirmative.
      Point No.3        : As per final order for the following:

CT 1390_Com.O.S.07-2020_Judgment.doc REASONS

8. Points No.1 & 2 : Since these two points are interlinked with each other, they are taken together for discussion, to avoid repetition.

9. The case of the plaintiff is that the defendant was a distributor to the plaintiff and was purchasing the Ice Cream and Frozen Desserts from the plaintiff for its business. In the business of the defendant, the plaintiff had also supplied one number of 11 door TDU Freezer worth Rs.2,65,000/- and had chest freezer of 825 litres capacity worth Rs.35,000/-. According to the plaintiff, the defendant has kept due of Rs.5,94,832/- in her transaction with the plaintiff and by adding interest of 6% the outstanding amount comes to Rs.6,21,599/-. Since this amount is not paid by the defendant and even the freezers are not returned, inspite of notice, plaintiff has filed this suit. The defendant inspite of paper publication has not appeared and is placed exparte.

12. The plaintiff has contended that one 11 door TDU Freezer worth Rs.2,65,000/- and another chest freezer of 825 CT 1390_Com.O.S.07-2020_Judgment.doc litres capacity worth Rs.35,000/- were also given to the defendant for the purpose of doing business. In respect of 825 liters capacity of freezer, plaintiff has also produced a tax invoice as per Ex.P.5 in which there is reference to two chest freezers. Since the defendant has stoped transaction with the plaintiff and for its business the defendant had taken these freezers to keep the Ice Cream and Desserts, the defendant is bound to return the same. Even though the plaintiff has mentioned the value of these freezers in the plaint, as per the tax invoice Ex.P.5, value of two freezers is Rs.77,824/- and not as mentioned in the plaint. However Ex.P.5 is owned by the defendant which show that these freezers are taken by the defendant, the defendant has not appeared and denied the contention of the plaintiff about these freezers. Therefore the plaintiff is entitle for return of this freezers also. Accordingly, points No.1 and 2 are answered in the affirmative.

13. POINT No.3 : For the discussion made on above points, following order is passed:

ORDER Suit of the plaintiff is decreed with costs. The defendant is liable and is directed to pay Rs.6,21,599/- to the plaintiff with interest @6% per annum from the date of suit till realization of the entire amount.

The defendant is also directed to return one 11 door TDU Freezer and chest freezer of CT 1390_Com.O.S.07-2020_Judgment.doc 825 litres capacity taken by the defendant from the plaintiff within two months.