Bangalore District Court M/S Modern Corporation vs M/S Mitta Paper on 6 November, 2025 KABC170018892024 IN THE COURT OF LXXXVIII ADDL. CITY CIVIL & SESSIONS JUDGE, (COMMERCIAL COURT), BENGALURU (CCH89) Dated this the 6th day of NOVEMBER, 2025 Present: SRI. JITHENDRANATH C.S., B.A., LL.M., C/c. LXXXVIII ADDL. CITY CIVIL & SESSIONS JUDGE BENGALURU. Com.O.S.No.965/2024 BETWEEN PLAINTIFF : M/s.Modern Corporation, Through its POA Holder, Mr.Pankaj, Having its registered office at: Harohalli, 2nd Phase, Industrial Area, Plot No.325A3, Sy.No.250Part of Hulagondanahalli, Harohalli Hobli, Kanakapura Taluk, Bangalore Rural, Karnataka562112, GST NO: 29ABDPR6258B1ZJ PAN NO: ABDPR6258B Email: [email protected] (By Sri. Anish P Bhojani, advocate) Vs DEFENDANTS : M/s. Mitta Paper, Through its Proprietor, Mr. Ashok Kumar Sivakumar, Having its address at No. 47/4, BMTC Bus Depot Road, Seegahalli Gate, Magadi Main Road, 2 Com.O.S.No.965/2024 Bangalore560091. GST NO: 29BDOPS6089P1Z4 PAN NO: BDOPS6089P Email: [email protected] Also At: 1. M/s. Mitta Corporations, No.26, 9th Street, 6th Avenue, Gokulam Colony, Kovaipudur, Tamil Nadu641042, 2. M/s. Mitta Corporations, No.2/327K, Sadaiappa Gounder Thottam, Vivekananda Sathukam, Sagunapuram West, Tamil Nadu641042. 3. M/s.Mitta Corporations, No.114, Pollavadi Road. Dharapuram, Tamil Nadu638656, All bearing PAN No: BDOPS6089P. (Exparte) Date of Institution : 12.07.2024 Nature of the suit : Recovery of money Date on which Summary Judgment : 06.11.2025 was pronounced Total Duration : Year/s Month/s Day/s 01 03 25 (JITHENDRANATH C.S.) C/c. LXXXVIII Addl. City Civil & Sessions Judge, (Commercial Court), Bengaluru. 3 Com.O.S.No.965/2024 Judgment in a summary suit The plaintiff company filed this summary suit under Order XXXVII Rule 2 read with Section 26 of CPC, seeking a judgment and decree to direct the defendant to pay a sum of Rs.15,82,229/ (Rupees Fifteen Lakh Eighty Two Thousand Two Hundred and Twenty Nine Only) along with future interest at the rate of 1% per day from the date of legal notice till realization and also requested the court to grant cost of suit & court fee incurred by the plaintiff. 2. The plaintiff's case in a nutshell is that the plaintiff is a proprietorship having its office at Harohalli, Bengaluru, involved in the business of manufacture and wholesaler of packaging products of plastic and paper. The defendant was a proprietorship concern and in the usual course of its business the proprietor of the defendant firm had approached the plaintiff and placed purchase orders for the supply of products on credit basis. Accordingly, the plaintiff had supplied the products by raising invoices and maintaining its running account. Out of the goods supplied, the defendant had cleared a part payment and however, kept outstanding 4 Com.O.S.No.965/2024 balance of Rs.8,99,441/, for period 01.10.2019 to 17.02.2020. The plaintiff had sent several emails to the defendant on their official mail Id's by attaching the ledger statement calling upon them to clear the outstanding balance of Rs.8,99,441/. In response, the defendant had replied through its email dated 23.07.2020 and had accepted the unpaid liability. Inspite of repeated requests and demands made by the plaintiff the defendant did not come forward to clear the outstanding dues. The plaintiff issued legal notice dated 24.02.2024 calling upon the defendant to clear the out