Bangalore District Court M/S Ambica Aluminium Company vs M/S Phoenix Facade on 10 June, 2025 KABC170008852025 IN THE COURT OF LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH85) (Commercial Court) THIS THE 10th DAY OF JUNE 2025 PRESENT: SRI. ANAND T. CHAVAN. B.Com.,LL.B.(Spl.) LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.OS.No.1751/2024 BETWEEN: M/s Ambica Aluminium Company, Through its Authorised Representative Rep by Mr. Hemanth Kumar K Having its registered office at No.33/2, AM Road, Kalasipalayam, Bengaluru, Karnataka560002. GST No.29ABRFA4856A1Z9, PAN No.BRFA4856A. : PLAINTIFF (Represented by Mindful Legal Advocate) 2 Com.OS.1751/2024 AND M/s Phoenix Facade, A Partnership Firm, No.7, Duraikannu Salai, Pallavaram, Chengalpattu, Chennai600117, Email ID:[email protected] GST No.33AAVFP949P1ZT Also at: 1. Mr. Karthik, Partner, M/s Phoenix Facade, No.7, Duraikannu Salai, Pallavaram, Chengalpattu, Chennai600117, 2. Mr. Rajendran, Partner, M/s Phoenix Facade, No.7, Duraikannu Salai, Pallavaram, Chengalpattu, Chennai600117, : DEFENDANTS (Exparte) Date of Institution of the suit 20.12.2024 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 3 Com.OS.1751/2024 Date on which judgment was 10.06.2025 pronounced Total Duration Year/s Month/s Day/s 00 05 21 LXXXIV Addl.City Civil & Sessions Judge, Bengaluru. SUMMARY JUDGMENT U/O XIIIA CPC The plaintiff has filed this suit U/o XXXVII Rule 2 CPC against defendant seeking recovery of money of Rs.5,90,298/ 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 trading and wholesale distribution of aluminium roles, tubes, pipes and other related products. The defendant has been carrying out its business under the trade name M/s Phoenix Facade and it approached plaintiff through its partners representing to be very genuine purchaser requiring large quantity of goods supplied by plaintiff for its 4 Com.OS.1751/2024 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 products supplied to defendant. During course of business defendant requested plaintiff to supply material on credit basis and pursuaded 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. The defendant has been delaying the payments citing financial crunch with malicious intention to avoid payments. The defendant is in due of Rs.4,84,264/ to plaintiff in lieu of goods supplied under invoice No.HO/3353/2324 dtd.19.10.2023. On several representations, defendant has sought time for payment of said remaining balance and they have exchanged communications through several emails. 5 Com.OS.1751/2024 Finally plaintiff had issued remainder to defendant and defendant vide email dtd.27.04.2024, 20.05.2024 and 29.08.2024 promised to pay outstanding amount and accepted unpaid liability. Further after several reminders, defendant issued cheque bearing No.000049 dtd.17.05.2024 for Rs.1,50,000/ and cheque bearing No.000050 dtd.10.05.2024 for Rs.1,50,000/, which were dishonoured. Despite repeated requests and reminders, defendant wilfully not paid remaining balance towards unpaid invoices and outstanding balance reflected in its account statement, hence plaintiff issued a legal notice dtd. 23.09.2024 demanding defendant to pay aforesaid outstanding amount along with interest at the rate of 24% pa., Hence the defendant is liable to pay interest of Rs.1,06,034/ on ou