Bangalore District Court Firm Started Rendering Security ... vs No.2 School Since November 2017 I.E on 14 December, 2021 IN THE COURT OF LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH86) (Commercial Court) DATED THIS THE 14TH DAY OF DECEMBER 2021 PRESENT: SMT. LATHAKUMARI M. M.A., LL.M., LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com. O.S. No. 792/2021 BETWEEN: M/s. ISecurity Services, No.1403, 80 Feet Main Road, Rajendra Nagar, Koramangala Bengaluru560 047 Represented by its Partner, Sri. K. Ramarajan : PLAINTIFF (Represented by Sri. K.S. Bheemaiah Advocate) AND 1. The Chairman India International School, No.26/1, Chikka Bellandur, Near WIPRO Compound, Carmel Ram Post Bengaluru 560 035. 2. India International School, No.26/1, Chikka Bellandur, Near WIPRO Compound, Carmel Ram Post Bengaluru 560 035. : DEFENDANTS 2 Com.O.S. 792/2021 (ExParte ) Date of Institution of the suit 29.11.2021 Nature of the suit (suit on pronote, suit for declaration & Possession, Suit for injunction Suit for recovery of money etc.) Date of commencement of recording of evidence 08.12.2021 Date on which judgment was pronounced 14.12.2021 Total Duration Year/s Month/s Day/s 00 00 15 (LATHAKUMARI M.), LXXXV Addl.City Civil & Sessions Judge, Bengaluru. JUDGMENT This is a plaintiff's suit to pass a judgment and decree against the defendants to pay a sum of Rs.10,20,579/ along with interest at the rate of 12% per annum from the date of suit till the date of realization with costs and such other reliefs as this court deems fit to grant in the facts and circumstances of this case. 3 Com.O.S. 792/2021 2. The brief facts of the plaintiff's case is that, plaintiff is a partnership firm carrying on business, providing security services to its customers. 1st defendant being the Chairman of the 2nd defendant school approached the plaintiff firm and availed security services to its school premises situated at No.26/1, Chikka Bellandur, Near WIPRO Compound. The plaintiff firm started rendering security services to the defendant No.2 school since November 2017 i.e., 27.11.2017. The 1st defendant has entered into security contract agreement with the plaintiff partnership on 02.02.2018 i.e., on subsequent dates so as to bind both parties. As per the terms of said agreement, it was agreed by 1st defendant that the salary of one Security Supervisor shall be at Rs.16,200/, one Head Guard shall be at Rs.15,400/ and for the one Security Guard shall be at Rs.14,800/ which includes PF, and ESI charges etc. Accordingly the total payment towards security services per month was Rs.1,50,000/ per month exclusive service tax and GST. It is the further case of plaintiff that 1 st defendant has not made the payment regularly and in full and used to pay part payments and keep the balance pending. He is due of balance from the month of May 2019. As on 22.2.2021 defendants are due of Rs.7,77,372/ to the plaintiff herein. In the mean time plaintiff has handed over 4 Com.O.S. 792/2021 his security service charges to some other person and thereby he is entitled to recover the balance amount due from the defendants school. Hence, this suit for the reliefs mentioned supra. 3. On issuance of suit summons through Email defendants remained absent. Accordingly placed exparte. 4. The Plaintiff got examined himself as PW.1 by filing his chief affidavit and got marked as many as 10 documents. 5. I have carefully scrutinized the entire records before me. Heard the arguments. 6. Now the points that arise for consideration are: 1) Whether the plaintiff is entitled to recover a sum of Rs.7,77,372/ from defendants along with interest @ 12% p.a., from 01.03.2020 till realization with cost? 2) What order or decree? 7. My answers to the above Points are as under: Point No.1 : In the Affirmative Point No.2 : As per the final Order 5 Com.O.S. 792/2021 for the following reasons. REASONS 8. Point No.1: