Bangalore District Court M/S Sharoff Steel Traders vs M/S Phoenix Auto Industries on 4 July, 2025 KABC170010942025 IN THE COURT OF LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH85) (Commercial Court) THIS THE 4th DAY OF JULY 2025 PRESENT: SRI. ANAND T. CHAVAN. B.Com.,LL.B.(Spl.) LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.OS.No.443/2025 Plaintiff: M/s Sharoff Steel Traders, Rep by Mr. Ramakrishna, Having its registered office at No.67/B, New Timber Yard Layout, Bangalore560 056. GST No.29AAEFS1551L1ZX, PAN No.AAEFS1551L Email: [email protected] (Represented by M/s Mindful Legal Advocate) V/s Defendants: 1. M/s Phoenix Auto Industries, Munireddy Industrial Estate, Sy No.192/1A, 3rd Phase, Bommasandra Industrial Area, Hosur Main Road, Bangalore, 2 Com.OS.443/2025 Bengaluru Urban, Karnataka560099. Phone No.9900138867 & 9972948867 Email: [email protected] GST No.29ABAFP1874A1ZF 2. Ramareddy Narayanareddy, Partner, M/s Phoenix Auto Industries, Munireddy Industrial Estate, Sy No.192/1A, 3rd Phase, Bommasandra Industrial Area, Hosur Main Road, Bangalore, Bengaluru Urban, Karnataka560099. 3. Mariyappa Venugopal, Partner, M/s Phoenix Auto Industries, Munireddy Industrial Estate, Sy No.192/1A, 3rd Phase, Bommasandra Industrial Area, Hosur Main Road, Bangalore, Bengaluru Urban, Karnataka560099. (Exparte) Date of Institution of the suit 21.03.2025 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.443/2025 Date on which judgment was 04.07.2025 pronounced Total Duration Year/s Month/s Day/s 00 03 13 LXXXIV Addl.City Civil & Sessions Judge, Bengaluru. SUMMARY JUDGMENT U/O XIIIA CPC The plaintiff has filed this summary suit U/o XXXVII Rule 2 R/w Sec.26 of CPC against defendants seeking recovery of sum of Rs.17,47,391/ with a future interest at the rate of 1% per day., from the date of legal notice till its realization and it is also prayed to award the costs of the suit. 2. The brief averment of plaint is that: The plaintiff is a partnership firm involved in business of trade of Iron and Steel. The defendant has been carrying out their business under the trade name M/s Phoenix Auto Industries, situated at Bommasandra Industrial Area, Hosur Main Road, Bengaluru Urban and it approached plaintiff representing to be very genuine 4 Com.OS.443/2025 purchaser, requiring large quantities of goods supplied by plaintiff for its 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 and accepted by defendant. During course of business defendant requested plaintiff to supply materials on credit basis and persuaded plaintiff to maintain a running account of defendant. Initially defendants cleared invoice amount partly and they pleaded time to settle the balance payment with interest. The plaintiff in good faith acknowledged the request of defendants for supply of products and subsequently maintained an uninterrupted supply of orders raised by defendant. Thereafter defendants delayed the payments citing reasons of lock down for financial crunch with malicious intention to avoid payments. The defendants are in due of Rs.10,07,452/ to plaintiff in lieu of goods supplied under invoice No.SST/1138/202122 dtd.09.10.2021. On several representations, defendants sought time for 5 Com.OS.443/2025 payment of said remaining balance. Subsequently, defendants wilfully not paid the remaining balance towards unpaid invoices as reflected in it's account statement. The account of plaintiff in recovering the outstanding amount went in vain. The plaintiff sent email dtd.05.11.2021 and made several telephonic representations to defendants with a request to clear the outstanding dues. Thereafter