Bangalore District Court M/S Great Sports Tech Ltd vs M/S K12 Techno Services Pvt Ltd on 10 June, 2024 1 Com.O.S.No.219/2021 KABC170004672021 IN THE COURT OF LXXXVII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH88) Present: Smt. Roopa K.N., B.Sc., LL.B., LXXXVII Addl.City Civil & Sessions Judge, Bengaluru. Dated: 10th day of June 2024 Com.O.S. No.219/2021 PLAINTIFF : M/s Great Sports Tech Ltd., (Formerly known as 'Great Sports Infra Pvt. Ltd.") 101, Plot No.52, St. No.2, Chikoti Gardens, Bengumpet, Hyderabad500 016. Represented by its DGMOperations Mr. T.M.Jayarao (Rep. by S.B.M Adv.) AND DEFENDANT : M/s K12 Techno Services Pvt. Ltd. 44/1, Trintera Building New BEL road, Mayuri Signal AG's Layout, Mathikere, Bengaluru, Karnataka560 054. Represented by its Managing Director (Rep. by A.M.S Adv.) 2 Com.O.S.No.219/2021 Date of Institution of the 10.03.2021 suit Nature of the suit (suit on Money suit pronote, suit for declaration & Possession, Suit for injunction etc.) Date of commencement of 25.02.2022 recording of evidence Date on which judgment was pronounced 10.06.2024 Total Duration Year/s Month/s Day/s 03 02 31 (ROOPA K.N.), LXXXVII ACC & SJ (CCH88), (Commercial Court) Bengaluru JUDGMENT This suit is filed by the plaintiff against the defendant for recovery of Rs.11,87,528/ with interest at the rate of 18.75% p.a. 2. Brief Facts of the plaintiff case is that; Plaintiff is a Public Limited company and provider of turnkey solutions for sports infrastructure. 3 Com.O.S.No.219/2021 Defendant is also a company engaged in business of providing technology, content etc to various educational institutions across Bengaluru, Mumbai, Pune and Hyderabad. Plaintiff has carried out several projects of the defendant in Hyderabad, Mumbai and Bengaluru. Defendant approached the plaintiff and engaged its service and placed an order for 2 Basketball Courts Interlocking Modular Sports Flooring and a turf. On 08.09.2015. In this regard defendant issued 2 purchase orders in favour of plaintiff dtd:08.09.2015. Later, plaintiff delivered the required products and defendant also received the same without any protest on 11.12.2015. In pursuant of the purchase orders plaintiff raised 2 invoices bearing No.196 and 197 for total sum of Rs.7,71,833/ though the entire amount was payable within 30 days from the date of completion of work, till installation, defendant failed to make payment. Plaintiff sent several emails from 30.12.2016 to 11.01.2018 demanding the defendant to make payment but, no payment was made. Aggrieved by the act of defendant plaintiff issued demand notice on 31.01.2018 for which defendant gave reply on 4 Com.O.S.No.219/2021 22.02.2018 wherein the claim of the plaintiff was entirely denied and in turn defendant contended that, the company has already paid the plaintiff a sum of Rs.9,61,878/ towards the above invoices and remaining amount has not been paid to the plaintiff as the work done by the plaintiff was not satisfactory. Aggrieved by this plaintiff has filed the present suit for recovery of suit claim amount of Rs.11,87,528/ with interest at the rate of 18.75% p.a. 3. Defendant filed written statement wherein the transaction between plaintiff company and the defendant company regarding supply of sports goods has been admitted. Defendant contended that, plaintiff has not exhausted the remedy available under Sec.18 of MSME Act and even the petition filed by the plaintiff before NCLT came to be dismissed. Further, it was contended that, defendant has already paid the plaintiff a sum of Rs.9,61,878/ on various dates and hence, defendant is not liable to pay any amount to the plaintiff as claimed in the plaint. Hence, defendant sought for dismissal of the suit. 5