Bangalore District Court M/S Jain Transcore vs M/S Perfect Electricals on 12 February, 2025 KABC170025672022 IN THE COURT OF LXXXIII ADDL. CITY CIVIL & SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH84) Present: Sri S. Sudindranath, LL.M., M.B.L., LXXXIII ADDL. CITY CIVIL & SESSIONS JUDGE BENGALURU. COM.O.S.No.1366/2022 Dated on this 12th day of February 2025 Plaintiff/s M/s JAIN TRANSCORE A Registered Partnership Firm, Rep. by its Partner Mr. Arun Kumar, having its Office at No.125/33/4, Devetegrammanahalli, Jyotinagar, Mysore Road, Bangalore 560 039. (By Sri Anish P Bhojani, Advocate) // versus // Defendant/s M/s PERFECT ELECTRICALS No.152, Sompura Industrial Area, KIADB, Dabaspete, Nelamangala Taluk, Bangalore 562 111. Also at BH Road, MH Pattana Panchayti, Gubbi, Tumakuru 572216. (By Sri S.S., Advocate) 2 CT 1390_Com.O.S.No.13662022_Judgment.doc KABC170025672022 Date of Institution of suit : 19/09/2022 Nature of the suit : Recovery of money Date of commencement of : 22/06/2023 recording of the evidence Date on which the : 12/02/2025 Judgment was pronounced. : Year/s Month/s Day/s Total duration 02 04 24 JUDGMENT This is a suit filed by the plaintiff partnership firm against the defendant partnership firm for recovery of a sum of Rs. 10,12,933 towards the materials supplied. 2. The plaint averments in brief are that, the plaintiff partnership firm is in the business of sale and manufacture of transformer lamination, strip lamination, and related products. The defendant was regularly purchasing material from the plaintiff. Under various invoices, material has been supplied by the plaintiff to the defendant. The defendant cleared the earlier invoices 3 CT 1390_Com.O.S.No.13662022_Judgment.doc KABC170025672022 during the initial days of business. The pending invoices for which the defendant is liable to make payment are three invoices, namely Invoice No. 6 dated 17042018 for Rs. 4,80,079/, Invoice No. 7 dated 21042018 for Rs. 5,01,548, and Invoice No. 9 dated 25042018 for Rs. 31,306. Hence, the total amount payable by the defendant to the plaintiff is Rs. 10,12,933, which has not been paid in spite of reminders and issuance of a legal notice, and hence for recovery of the said sum of Rs. 10,12,933 along with interest from the date of invoice till the date of suit at 24% per annum and future interest at 1% per day from the date of suit till the date of realization, the present suit is filed. 3. In response to the suit summons, the defendant has entered appearance through counsel and filed a detailed written statement, taking up technical contentions regarding the maintainability of the suit, since the suit is filed without compliance with preinstitution mediation. 4 CT 1390_Com.O.S.No.13662022_Judgment.doc KABC170025672022 In this regard, it is contended that preinstitution mediation was complied with in respect of an earlier suit being Commercial OS 730 of 2021, but the plaintiff withdrew the said suit since there was a defect in the suit as it was filed by an unregistered partnership firm. After obtaining registration of the plaintiff partnership firm, the present suit is filed but without complying with PIM in respect of the present suit. Since PIM is declared to be mandatory by the Hon'ble Apex Court, it is contended that the present suit is not maintainable. 4. The second technical contention raised is that as on the date of the transaction, the plaintiff was an unregistered partnership firm and therefore the present suit is not maintainable for recovery of the amount under the alleged contract, even conceding that the plaintiff has subsequently got itself registered under the Partnership Act. Thirdly, it is contended that the suit is barred by limitation. 5