Bangalore District Court M/S Intellicomm Solutions And ... vs M/S Photon Interactive Private Limited on 15 January, 2025 KABC170009392023 IN THE COURT OF LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH85) (COMMERCIAL COURT), BENGALURU DATED THIS THE 15th DAY OF JANUARY 2025 PRESENT SRI.RAMAKANT CHAVAN, B.Com., LL.B.(Spl) LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.O.S.No.454/2023 PLAINTIFF: M/s Intellicomm Solutions and Enterprises Pvt. Ltd., A Regd. Company incorporated under the Companies Act, Corporate Office : No.19, "The Oyster", 2nd Floor, Nandidurga Road, Jayamahal Extension, Bengaluru 560 046 Rep. by its Authorized person Accounts Executive, Sri.Suresh K. (By Sri.Vishnu Hegde, Adv.) AND DEFENDANTS: 1. M/s Photon Interactive Private Limited A Regd. company incorporated under Companies Act, Embassy Tech VillageSEZ, 6th Floor, Building 2A, East Tower, Devarabeesanahalli, Benagaluru560103 Rep. by its CEO/Director 2 Com.O.S.No.454/2023 Also located at No.1/24, 2nd Floor, Mount Poonamallee Road, 5th Block, DLF IT Park, Sivaji Gardens, Manapakkam, Chennai600089 2. Sri. Srinivas Balasubramaniam Director of M/s Photon Interactive Pvt. Ltd. Embassy Tech VillageSEZ, 6th Floor, Building 2A, East Tower, Devarabeesanahalli, Benagaluru560 103 3. Sri.Mukund Balasubramaniam Director of M/s Photon Interactive Pvt. Ltd. Embassy Tech VillageSEZ, 6th Floor, Building 2A, East Tower, Devarabeesanahalli, Benagaluru560103 4. Smt.Latha Balasubramaniam Director of M/s Photon Interactive Pvt. Ltd. Embassy Tech VillageSEZ, 6th Floor, Building 2A, East Tower, Devarabeesanahalli, Benagaluru560103 (By Sri.M.Sathisha, Adv.) Date of Institution 06.04.2023 Nature of suit For recovery of money Date of First Case 19.04.2024 Management Hearing Date of commencement of 15.06.2024 recording of evidence Date on which judgment 15.01.2025 pronounced 3 Com.O.S.No.454/2023 Time taken for disposal Years Months Days 1) From the date of First 00 08 27 Case Management Hearing 2) Total duration 01 09 09 LXXXIV Addl. City Civil & Sessions Judge (CCH85) Commercial Court, Bengaluru JUDGMENT This is a suit filed by the plaintiff against the defendants for recovery of Rs.9,31,144.70 including interest and future interest at the rate of 24% p.a. and compensation of Rs.83,67,804/ for the loss of business and financial damage with future interest at the rate of 18% p.a. from the date of suit till the date of payment. 2. Brief facts of the plaintiff's case are that, the plaintiff is a company registered under the Companies Act. The defendant No.1 is also a company registered under the Companies Act having branches in India, including Bengaluru and engaged in the business activities of IT and Software development. The other defendants are the Directors of the defendant No.1 company. They are jointly and severally liable and involved with the transaction. 4 Com.O.S.No.454/2023 It is further pleaded that, the plaintiff company has entered into a Letter of Intent (LOI) on 24.09.2021 for providing services to defendant No.1 and started providing services based on the purchase orders received through the registered email belonging to the defendant No.1 from time to time. The defendant No.1 has placed several purchase orders and paid the amount except for the 27 purchase orders. The plaintiff company had raised official tax invoices for having provided the said services to the defendants and submitted the tax invoices to the defendant No.1. The defendant No.1 has placed several tax invoices and paid the amount except for 50 tax invoices. The defendants are liable to pay the bills within the time period of 45 days as mutually agreed. The defendant No.1 and the other defendants as per their promises made with the plaintiff company, not cleared the outstanding due amount deliberately with a dishonest intention and cheated the plaintiff company without clearing the dues. The total outstanding principal amount due from the defendants is Rs.7,52,522/ as on 17.10.2022 and they are also liable to pay interest at the rate of 24% p.a. It is further pleaded that, the defendants have failed to make payments of the said amount in spite of repeated requests. T