Bangalore District Court M/S R.V. Fab Tech vs M/S Ujwal Metal & Tubes on 11 October, 2022 1 1 Com.O.S.No.1072/2022 In the Court of LXXXIV Addl. City Civil and Sessions Judge (CCH85) (Commercial Court), Bengaluru Dated this the 11th day of October 2022 Present: Smt.H.R.Radha B.A.L., LL.M. LXXXIV Addl. City Civil and Sessions Judge, (CCH85 Commercial Court) Bengaluru Com.O.S.No.1072/2022 Plaintiff M/s R.V. Fab Tech, Rep. By its proprietor B.M.Venkataramaiah, office at site No.79, 24.2, Byraveshwara Industiral Estate, Andrahalli Main Road, Peenya 2 nd Stage, Bengaluru 560 091 (By Sri.Umesh, Adv.) Vs Defendant M/s Ujwal Metal & Tubes, Rep.by Proprietor, Bhavin Shah, No.149A, Transvaal Terraces, Pathe Bapu Rao Marg, Near Daulat Complex, Mumbai 400 008 (Exparte) Date of Institution 28.07.2022 Nature of the suit Recovery of money Date of Commencement 23.09.2022 of recording of evidence Date on which judgment pronounced 11.10.2022 Total Duration Years Months Days 00 02 13 LXXXIV Addl.City Civil and Sessions Judge, (CCH85 Commercial Court) Bengaluru 2 2 Com.O.S.No.1072/2022 JUDGMENT This is a suit for recovery of Rs.6,34,425/ with GST at 18% and interest at 12% p.a. from the date of respective payment by the plaintiff till the date of filing the suit and further interest at 12% p.a.; for a direction to the defendant to handover the GST status to the plaintiff. 2. Brief facts of the plaintiff's case are that it is proprietary concern represented by sole proprietor and registered as MSME involved in manufacturing winery and distillery equipment. The defendant is an importer, exporter, stockiest and supplier of ferrous and non ferrous metals, stainless steel pipes, rods, sheets, plates, fittings, flanges and patta. Materials and tubes were purchased from the defendant since 2018. On 26.10.2021 he placed purchase order for 290 SS316 L seamless tubes ASTM TP 269 316L of 31.75 OD x 6010 mm x 1.6 mm size and 120 numbers of size 31.75 OD x 5510 x 1.6 mm, of total 2993 kg at Rs.585/ per kg. Rs.17,50,905/ with GST of Rs.3,15,162/ at 18%, in all Rs.20,66,068/ was paid in installments of Rs.13,00,000/ on 29.10.2021 through RTGS, Rs.1,90,000/ on 29.11.2021 through NEFT and Rs.5,76,068/ on 08.12.2021 through RTGS. Thereafter, the 3 3 Com.O.S.No.1072/2022 defendant supplied 2190 kg tubes of SS316 L Seamless pipes of the size 31.75 x 1.6 mm worth Rs.12,81,150/ with GST of Rs.2,30,607/ i.e. in all Rs.15,11,757/ under invoice dated 28.12.2021. 2(a). That on verification it was found that the defendant had supplied 2053.05 kg material and not 2190 kg as stated in the invoice; there were 14 defective tubes weighing 94.95 kg valued at Rs.55,545/. Thus there was short supply by 845 kg valued at Rs.4,94,325/ and the difference in payment of GST works out to Rs.84,555/. The defendant neither supplied the required quantity nor refunded the balance amount or shared the GST status, so that he could seek refund of excess amount. The defendant is liable to pay Rs.6,34,425/ in all towards the value of the goods short supplied, difference in GST and the value of defective materials. The transaction is commercial in nature and the defendant is liable to pay futher interest at 12% p.a. on the amount due. Even after receiving notice dated 04.03.2022, the defendant has failed to comply with the demand for its payment. 3. The defendant has failed to appear even after service of summons and therefore placed exparte. 4 4 Com.O.S.No.1072/2022 4. The Proprietor of the plaintiff has filed affidavit in lieu of examination in chief, examined himself as Pw1 and got marked Ex.P1 to P13. 5. Heard arguments. 6. The points that arise for my consideration are: 1. Whether the plaintiff is entitled for Rs.6,34,425/ from the defendant with interest as prayed? 2. Whether the plaintiff is entitled for a direction to the defendant to hand over GST payment status as prayed? 3. What order? 7. My findin