Bangalore District Court M/S Metals And Metal Electric Pvt Ltd vs Sreenivasa N on 11 January, 2024 11 COM.O.S.871/2023 KABC170018182023 IN THE COURT OF LXXXII ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH.83) THIS THE 11TH DAY OF JANUARY 2024 PRESENT: SMT. SUMANGALA S BASAVANNOUR.,B.COM,L.L.M., LXXXII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.O.S.No.871/2023 BETWEEN: Metal's & Metal (Electric) . Ltd., Having business at No.106, RT Street, B.V.K Iyengar Road Cross, Bengaluru 560053. Represented by SPA holder R.Ravikumar : PLAINTIFF (Represented Sri.by Shreyas B. S. Advocate) AND N. Sreenivasa, No.208, 2nd Main, Mahalakshmi Layout, Bengaluru560086. Also at: N. Sreenivasa, Door No.296, 16th Cross, Sadasivanagar, Bengaluru560080. 11 COM.O.S.871/2023 Represented by its Proprietor N. Sreenivasa Mob No. 9900192222 : DEFENDANT (Defendant placed ex parte as per order dated 04.09.2023) Date of Institution of the 02.08.2023 suit Nature of the suit (suit on pronote, suit for Suit for recovery of money declaration & Possession, Suit for injunction etc.) Date of commencement of 13.09.2023 recording of evidence Date on which judgment 11.01.2024 was pronounced Total Duration Year/s Month/s Day/s 00 05 09 (SUMANGALA S BASAVANNOUR), LXXXII Addl.City Civil & Sessions Judge, Bengaluru. JUDGMENT This suit is filed by the plaintiff for recovery a sum of Rs.5,21,853/ together with future interest at the rate of 24% p.a. from the date of the suit till the date of realization. 11 COM.O.S.871/2023 2. The contentions of the plaintiff in brief are as follows: The plaintiff is engaged in electrical items supply business and the defendant being its regular customer on 13.08.2019 had purchased materials on credit as per his requirements for a total amount of Rs.5,21,853/ with invoice bearing No.81540/201920. The defendant had made an assurance that the payment of the invoice amounting to Rs.5,21,853/ would be cleared at the earliest. The plaintiff has contacted and requested the defendant to clear the outstanding pending amount receivable towards the above mentioned invoice; in return the defendant did not show any inclination to reply/respond to the plaintiff. Further the plaintiff has also contacted the office of the defendant to clear the outstanding dues and the defendant did not bother to discharge his liability. The plaintiff upon making sufficient efforts to recover his outstanding pending invoice amount; which went in vain, got issued a statutory notice through his counsel on 19.07.2021 to both the above mentioned address of the defendant and the said notice has been served on the defendant on 23.07.2021. Even after receipt of the demand legal notice the defendant has failed to reply and pay back the outstanding pending amount; since the defendant has not paid the amount. Hence this suit. 3. In spite of service of summons to the defendant through RPAD, the defendant did not appeared before this court, hence, defendant placed exparte on 04.09.2023. 11 COM.O.S.871/2023 4. I have heard the arguments of the Advocate for the Plaintiff. 5. Based on the above pleadings of the plaintiff, the following points arise for my consideration : 1. Whether the plaintiff is entitled for the suit claim from the defendant? 2. What order ? 6. My findings on the above Points are as under: 1. Point No.1 : In the Partly Affirmative. 2. Point No.2 : As per the final Order for the following reasons. REASONS 7. Point No.1 : The plaintiff to substantiate its case, examined Mr.R.Ravikumar, Manager of the plaintiff as PW.1. PW.1 in his evidence reiterated averments of the plaint, and got marked Ex.P1 to Ex.P10. 8. In the decision reported in A.I.R. 2000 Karnataka 234 (Syed Ismail vs. Smt. Shamshia Begum), the Hon'ble High Court of Karnataka has held as follows : "3. The impugned order does not disclose the nature of pleading placed by the plaintiff and whether