Bangalore District Court Prakash Pai vs M/S Everest Agencies (Goa) on 16 October, 2024 KABC170026882023 IN THE COURT OF LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH87) Present: Sri Jithendranath C.S., B.A., LL.M., LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE BENGALURU. Dated this the 16th day of October, 2024 Com.O.S.No.1279/2023 PLAINTIFF :Mr. Prakash Pai S/o late Sri. K.V. Pai, aged about 61 years, Proprietor, Carrying on business under the name and style M/s. MAHALASA INDUSTRIES Having its registered office at No.27, 1st Main, Mani Vilas Garden, Kamalanagar, Bangalore560079. (Reptd. by Sri. Vijaykumar Advocate) AND DEFENDANT : M/S Everest Agencies (GOA) (A Registered Partnership Firm) No.264/162 Alto Saulem, Behind Madhuradra Temple, Pilerne Village, Bardez, Goa403114. Rep. by its Partner (By Sri. Shishir S Rao, Advocate) Date of institution of the suit : 10.11.2023 Nature of the suit [suit on : Recovery of money pronote, suit for declaration 2 Com.O.S.No.1279/2023 and possession, suit for injunction] Date of the commencement : 09.09.2023 of recording of the evidence Date on which the Judgment was pronounced : 16.10.2024 Total Duration : Year/s Month/s Day/s 00 11 06 (JITHENDRANATH C.S.) LXXXVI Addl. City Civil Judge Bengaluru JUDGMENT The plaintiff claiming to be the proprietor of M/s. Mahalasa Industries has filed the present suit against the defendant M/s. Everest Agencies (Goa) seeking a judgment and decree for recovery of ₹6,31,359/ together with interest at the rate of 18% per annum from the date of the suit till the date of realization. 2. The plaintiff is the sole proprietor of M/s. Mahalasa Enterprises carrying on the business of manufacture of Electromagnetic Relays and Voltage Stabilizer Components. The defendant is a partnership firm. The defendant allegedly placing purchase orders requesting 3 Com.O.S.No.1279/2023 the plaintiff to supply of Electromagnetic Relays and Voltage Stabilizers. The plaintiff was supplying Electromagnetic Relays and Voltage Stabilizer components as per the purchase orders placed by the defendant. The defendant was maintaining accounts in the regular course of his business. The plaintiff had raised last Invoice dated 12.11.2020 with respect to the goods supplied to the defendant. The defendant was making payments against the goods supplied and the invoices raised. As per the accounts maintained by the plaintiff in the regular course of business a sum of Rs.4,35,420/ was remained unpaid. Since the defendant did not come forward to pay the same, the plaintiff initiated preinstitution mediation in PIM No.207/2022 before DLSA, Bengaluru, but the matter was not settled. Therefore, the plaintiff has filed the present suit seeking recovery of Rs.4,35,420/ along with interest at the rate of 18% per annum from 01.04.2021 to 30.09.2023 in all a sum of Rs.6,31,359/ from the defendant. 3. The defendant filed his written statement traversing the plaint averments. The defendant evasively denied the 4 Com.O.S.No.1279/2023 plaint averments. He contended that the suit is barred by limitation and the plaintiff in order to harass the defendant has filed the present false suit. He prayed to dismiss the suit. 4. On the basis of the rival pleadings, this court has framed the following ; ISSUES 1. Whether the plaintiff proves that the defendant has purchased electrical components from him on credit basis worth of Rs.4,35,420/ ? 2. Whether the plaintiff proves that the defendant failed to make the payment ? 3. Whether the plaintiff is entitled for the reliefs as sought for ? 4. What order or decree ? 5.