Bangalore District Court M/S Cauvery Distributors vs M/S Diya Electricals on 17 June, 2025 KABC170008622025 IN THE COURT OF LXXXVII ADDL.CITY CIVIL & SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH88) Present: SRI.C.D.KAROSHI, B.A., LL.M., LXXXVII ADDL. CITY CIVIL & SESSION JUDGE, BENGALURU COM.O.S.334/2025 DATED ON THIS 17th DAY OF JUNE 2025 PLAINTIFF 1. M/S CAUVERY DISTRIBUTORS Rep by Mr.Laksh Praveen Kumar, having its registered office at No.71, A.M Lane, Chickpet, Bengaluru, Karnataka 560053 GST No: 29AAFFC1899Q1ZJ PAN NO:AAFFC1899Q Email:[email protected] (Rep. By Sri.A.P.B Adv.) Vs DEFENDANT 1. M/S DIYA ELECTRICALS Through its Proprietor, Mr.Sampath Radhakrishnan, No.177, Site No.8, Vani Layout, Jigala Attibele Hobli, Attibele Taluk, Bangalore 562107 Phone No +91 9524680047 Email [email protected] GSTIN:29AOLPR3220E1ZY Exparte 2 COM.O.S.3342025 Date of Institution of the suit 03.03.2025 Nature of the suit (suit on pronote, suit for declaration & Possession, Recovery of money Suit for injunction etc.) Date of commencement of recording of evidence Date on which judgment was 17.06.2025 pronounced Total Duration Year/s Month/s Day/s 00 03 14 (C.D.KAROSHI) LXXXVII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. JUDGMENT This is a suit filed by the plaintiff / M/s Cauvery Distributors against the defendant / M/s Diya Electricals for recovery of a sum of Rs.4,83,450/ along with future interest and costs of the suit. 2. Brief facts are as under: That, the plaintiff is a partnership firm having its office at Chickpet, Bengaluru, Karnataka represented by its 3 COM.O.S.3342025 authorized officer. The plaintiff is wholesaler and trader in electrical apparatus and insulated wires thereby running business in the said address. The proprietor of the defendant carrying its business having its registered office in Vani Layout, Attibele Taluk, Bengaluru, had approached the plaintiff for purchase of large quantities of goods, accordingly, believing the words of the defendant the plaintiff firm supplied the products within the stipulated time and without any default or defect. Thereafter, the plaintiff firm raised invoices for the products accepted by the defendant. This being the fact during the usual course of business the defendant had requested the plaintiff to supply materials on credit basis, though in the initial days the defendant has cleared the invoice amount partly with promise to settle the balance amount along with interest, but with an intention to avoid payments he did not turn up. Therefore, the plaintiff has raised following invoices in respect of goods supplied worth Rs.4,68,945/. 4 COM.O.S.3342025 Invoice Invoice Outstanding Invoice No. Date Amount Amount 03.04.2024 CD21/2425 7,670 7,670 26.04.2025 CD168/2425 2,48,999 1,26,757 30.04.2025 CD194/2425 2,40,583 2,40,583 09.05.2025 CD237/2425 93,935 93,935 4,68,945 The defendant was required to pay the above said amount along with accrued interest @ 18% per annum, but failed to pay outstanding due of Rs.4,83,450/ including interest as per ledger account maintained by the plaintiff. Therefore, the plaintiff got issued legal notice dated 06.07.2024, but despite service of notice the defendant has neither replied nor paid outstanding amount, wherefore the defendant is liable to pay above said outstanding amount. The plaintiff after compliance of provisions of Section 12A of the Commercial Courts Act, 2015 has filed the above nu