Bangalore District Court M/S Accurate Cables Private Limited vs M/S Karnataka Industries on 5 February, 2025 KABC170035682024 IN THE COURT OF LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH86) (Commercial Court) THIS THE 5th DAY OF FEBRUARY 2025 PRESENT: SRI.ARJUN. S. MALLUR. B.A.L.LL.B., LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.OS.No.1750/2024 BETWEEN: M/S Accurate Cables Private Limited Rep by Mr. Dinesh Kumar P, GF No 39, Andhra Halli Herohalli Road Yeshwanthpura Hobli Bengaluru 560091 : PLAINTIFF (By Sri. Anish P Bhojani, Advocate.) AND M/s Karnataka Industries Through its Proprietor, Mr. Naveen Goel, Address: No 90, 9 Dasanapura Hobli, Kadabageri Post, Bangalore 562130 : DEFENDANT (Exparte) Com.OS.1750/2024 Date of Institution of the suit 20122024 Nature of the suit (suit on pronote, suit for declaration & Possession, Suit for injunction Suit for recovery etc.) Date of commencement of N.A. recording of evidence Date on which judgment was 05022025 pronounced Total Duration Year/s Month/s Day/s 00 01 16 (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru. SUMMARY JUDGMENT Suit under Order XXXVII Rule 2 of CPC for recovery of a sum of Rs.9,48,851/ (Rupees Nine Lakhs Forty Eighty Thousand Eight Hundred and Fifty One Only) with interest at 1% per day from the date of legal notice till realization. 2. The case of the plaintiff in brief is as under: The plaintiff is in the business of manufacturing and trading of electric wires and cables. The defendant had purchased goods on credit basis from 2 Com.OS.1750/2024 the plaintiff under various invoices totaling for a sum of Rs.5,09,485/. The defendant has made only part payments towards the amounts due under the invoices and inspite of repeated reminders the defendant had failed to clear the entire amounts. The defendant has claimed the input tax credit under the GST as and when the invoices were raised against him. As on the date of the legal notice with respect to the purchases made from the plaintiff the defendant has been due in a sum of Rs.5,09,485/ together with interest at 18% p.a. amounting to Rs.4,39,366/ totaling to a sum of Rs.9,48,851/ as detailed in the tabular form given below. Invoice Invoice Invoice Outstanding Interest Date No. Amount Amount 08082019 467 35,882 30,596 27,702 30082019 538 35,799 35,799 32,025 18092019 606 28,593 28,593 25,311 04102019 663 36,896 36,896 32,369 19112019 790 1,68,559 1,68,559 1,44,056 22112019 802 10,036 10,036 8,562 23112019 806 1,33,812 1,33,812 1,14,096 25112019 813 22,503 22,503 19,165 05122019 846 22,808 22,808 19,312 12122019 864 19,883 19,883 16,767 5,09,485 4,39,366 9,48,851 TOTAL(OUTSTANDING+INTEREST 3 Com.OS.1750/2024 3. Plaintiff issued a legal notice dated 17.08.2024 calling upon the defendant to pay the outstanding amounts but the defendant failed to comply with the said notice. The plaintiff initiated PIM proceedings under Sec.12 A of the Commercial Courts Act 2015 in PIM No.2060/2024. The defendant did not appear in the said proceedings which came to be closed as a nonstarter. Hence the suit. 4.The suit being a summary suit summons under form No.4 was sent to the defendant by RPAD which returned unserved as not claimed amounting to deemed service. Service of process being held sufficient the defective has been placed exparte. 5. Heard the learned counsel for the plaintiff and perused the entire record. 6. Now the points that arise for my consideration are: 1) Whether the plaintiff is entitled for recovery of a sum of Rs.9,48,851/ (Rupees Nine Lakhs Forty Eighty Thousand Eight Hundred and Fifty One 4 Com.OS.1750/2024 Only) with interest at 1% per day from the date of notice till realization? 2) What order or decree? 7. My answers to the above points are as u