Indian Dental Association Through its Secretary General Dr. Ashok D. Dhoble At: Block No. 6, 1st Floor, 386, Sane Guru Premises, Swantantra Veer Savarkar Marg, Prabhadevi, Worli, Mumbai400025 ............Defendant Date of Institution : 06.03.2021 Date of Final Arguments : 05.12.2024 Date of Judgment : 05.12.2024 Decision : Decreed Judgment 1. This suit is filed by plaintiff company for recovery of Rs.15,70,876/ along with interest component of Rs.12,09,294/ alongwith interest at the rate which is three times the bank rate notified by the RBI for unpaid dues of goods sold. Case of the Plaintiff 2. Case of the plaintiff as per plaint and the documents filed is that it is a duly incoroporated public Ltd. company at New Rajendra Nagar and is in the business of manufacture, import, sale of dental equipments. Defendant is said to be a society registered under Societies Registration Act, 1860 at Mumbai, Maharashtra. In the course of business defendant approached the plaintiff for CS Comm. No.826/2021 Unicorn Denmart Limited Vs.Indian Dental Association page 1 purchase of dental equipments. The plaint mentions contradictory facts qua issuance of purchase orders. However, admittedly, no purchase order has been filed. Plaintiff sold and supplied the goods to the satisfaction of defendant through GST paid invoices. 3. The sale was carried out via three invoices issued between 23.11.2017 and 30.03.2018 first for Rs.4,46,876/, second for Rs.25 lakhs and third for Rs.16,24,000/ totalling to Rs.45,70,876/. Defendant is shown to have paid a sum of Rs.30 lakhs by the time the suit was filed leaving a debit balance of Rs.15,70,876/. The same was not paid despite repeated requests and reminders and the last part payment made was on 18.04.2018. Plaintiff was constrained to issue legal notice dated 05.05.2020 which was neither replied nor complied. Plaintiff approached Central DLSA for preinstitution mediation under Section 12A of Commercial Courts Act, 2015 where defendant did not appear and NonStarter Report dated 18.01.2021 was issued. Plaintiff calculated presuit interest @27% per annum by invoking Section 16 of Micro, Small and Medium Enterprises Act, 2006 which provide that interest can be claimed by a MSME thrice the rate at which RBI issues circulars to banks i.e. 9% x 3 27%. In this backdrop suit in hand was filed for following prayers: Prayer: i. Pass a money decree for a sum of Rs.15,70,876/ being the principal recoverable amount, pending outstanding against the Defendant, to be recovered by the Plaintiff from the Defendant, as per books of accounts duly maintained by the plaintiff in its usual course of business. ii. Pass a decree for interest of Rs.12,09,294/ on the principal amount of Rs.15,70,876/ under Section 16 of the Micro, Small & Medium Enterprises Development Act, 2006 i.e. compound interest with monthly rest at 3 time of the bank rate notified by the Reserve Bank with effect from 18/04/2018 till the date of filing of the suit. iii. Pass a decree for pendente lite and future interest on the principal amount of Rs.15,70,876/ under Section 16 of the Micro, Small & Medium Enterprises Develop ment Act, 2006 i.e. compound interest with monthly rest at 3 time of the bank rate noti fied by the Reserve Bank till the date of its final payment by the Defendant. iv. Pass a decree for payment of cost of the legal proceedings in favour of the plaintiff and against the defendant. CS Comm. No.826/2021 Unicorn Denmart Limited Vs.Indian Dental Association page 2 v. Pass any other or further order(s), which this Hon'ble Court de