Bangalore District Court Shree Mahalakshmi Enterprises vs Chowdeshwari Poultry Breeding Farm on 28 June, 2025 KABC170031042024 IN THE COURT OF LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH85) (Commercial Court) THIS THE 28th DAY OF JUNE 2025 PRESENT: SRI. ANAND T. CHAVAN. B.Com.,LL.B.(Spl.) LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.OS.No.1588/2024 Plaintiff: M/s Shree Mahalakshmi Enterprises, A partnership firm, Rep by Mr. Lakshminarasappa Ramesh, Having its registered office at No.C213, C214, 4th Cross, Peenya Industrial Area, Peenya 1st Stage, Bangalore, Karnataka560 058. GST No.29ABDFS8324B1Z8, PAN No.ABDFS8324B Email: [email protected] (Represented by M/s Mindful Legal Advocate) V/s Defendant: M/s Chowdeshwari Poultry Breeding Farm, Through its Proprietor, Mr. Thimmasandra Shivareddy 2 Com.OS.1588/2024 Chandrashekarreddy, No., Bagepalli, Hosahudya, Chikkaballapur, Karnataka561 207. Phone: 7947124838. GSTIN: 29AKHPC1242R1ZW Also at: M/s Chowdeshwari Poultry Breeding Farm, Through its Proprietor, Mr. Thimmasandra Shivareddy Chandrashekarreddy, Beeramanahalli (v), T D Halli, Kolar, Karnataka563126. Phone: 9964204753. GSTIN: 29AKHPC1242R1ZW (Exparte) Date of Institution of the suit 25.11.2024 Nature of the suit (suit on pro note, suit for declaration Suit for recovery of Money. & Possession, Suit for injunction etc.) Date of commencement of recording of evidence Date on which judgment was 28.06.2025 pronounced Total Duration Year/s Month/s Day/s 00 07 03 LXXXIV Addl.City Civil & Sessions Judge, Bengaluru. 3 Com.OS.1588/2024 SUMMARY JUDGMENT U/O XIIIA CPC The plaintiff has filed this suit U/o XXXVII Rule 2 R/w Sec.26 of CPC against defendant seeking recovery of sum of Rs.7,36,240/ with a future interest at the rate of 1% per day., from the date of legal notice till its realization. 2. The brief averment of plaint is that: The plaintiff is a partnership firm involved in business of wholesale and retail articles for conveyance or packaging goods and other articles of plastic. The defendant has been carrying out its business under the trade name M/s Chowdeshwari Poultry Breeding Farm and it approached plaintiff through its partners representing to be very genuine purchaser requiring large quantity of goods supplied by plaintiff for its business. The plaintiff accepted the request of defendant and supplied products to it as per orders raised. Further the orders were delivered within stipulated time to the fullest satisfaction without any delay or default and plaintiff raised invoices for 4 Com.OS.1588/2024 products supplied and accepted by defendant. During course of business defendant requested plaintiff to supply material on credit basis and persuaded plaintiff to maintain a running account of defendant. Initially defendant cleared invoice amount partly and it pleaded time to settle the balance payment with interest. The plaintiff in good faith acknowledged the request of the defendant for supply of products and subsequently maintained an uninterrupted supply of orders raised by defendant. Thereafter defendant delayed the payments citing reasons of lock down for financial crunch with malicious intention to avoid payments. The defendant is in due of Rs.4,12,001/ to plaintiff in lieu of goods supplied under invoice No.SMLE/I/PNY00192 dtd.22.04.2021. On several representations, defendant has sought time for payment of said remaining balance. Subsequently, defendant has wilfully not paid the remaining balance towards unpaid invoices as reflected in its account statement. The account of plaintiff in recovering the outstanding amount went in vain. Thereafter plaintiff issued a legal notice dtd.19.06.2024 seeking defendant to pay outstanding 5 Com.OS.1588/2024 amount of Rs.4,12,001/ with interest at the rate of 24% pa., from the date of default till date of