Bangalore District Court Vtl Logistics Inida Pvt Ltd vs Berryz Fashions House on 4 April, 2024 KABC170014142022 IN THE COURT OF LXXXIII ADDL. CITY CIVIL & SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH84) Present: Sri S. Sudindranath, LL.M., M.B.L., C/c LXXXVIII Addl. City Civil & Sessions Judge (CCH89) Bengaluru. COM.OS.No.740/2022 Dated on this 4th day of April 2024 Plaintiff VTL Logistics (India) Pvt. Ltd., CIN : U60200KA2013PTC069425 a company registered under the provisions of the Companies Act 1956, having its registered office at: No.170, EBlock, Cargo village, BIAL, Devanahalli, Bengaluru560300. Represented by its Authorized Signatory & Director Mr.Dhamodharan .B. (By Sri.Lokesh Anjanappa, Advocate) // versus // Defendant Berryz Fashions House, 3347/A, 13th Main Road, 3rd Floor, HAL 2nd Stage, Indiranagar, Bengaluru560008. Represented by its Authorized Representative Mr.Krishnadas. (By Sri.A.V.K, Advocate) Date of Institution of suit : 27/05/2022 2 CT 1390_Com.OS.7402022_Judgment.doc KABC170014142022 Nature of the suit : Recovery of Money Date of commencement of : recording of the evidence 11/10/2022 Date on which the : 04/04/2024 Judgment was pronounced. : Year Month/ Day/s Total duration /s s 01 10 08 JUDGMENT This is a suit filed by the plaintiff, which is a private limited company against defendant for recovery of principal sum of Rs. 13,14,351 along with interest thereon of Rs. 9,61,027 up to 23/02/2022 and future interest at the rate of 18% per annum from the date of suit till date of realisation. 2. The plaint averments in brief are that, the plaintiff is engaged in providing services of freight forwarding including logistical services. The defendant is engaged in the business of garments export to foreign countries mainly Switzerland. From December 2017 to May 2018, defendant availed services of plaintiff for facilitating exports of its goods to Switzerland. For the said services rendered, plaintiff raised 7 invoices between 21/12/2017 to 18/05/2018 for total sum of Rs. 19,93,359. After adjusting the payments made by the 3 CT 1390_Com.OS.7402022_Judgment.doc KABC170014142022 defendant, it is stated that the defendant is due to pay sum of Rs. 13,14,351 which has not been paid, although defendant in its emails acknowledged its liability. Towards partial payment of the said amount, defendant issued four cheques for total sum of Rs. 10,03,888 but the said cheques were returned unpaid for the reason funds insufficient and in this regard, criminal case under Section 138 of NI Act in CC 52470 of 2019 has already been initiated by the plaintiff. Since the defendant did not come forward to pay the said amount in spite of several reminders and requests, the present suit is filed for recovery of principal sum of Rs. 13,14,351 along with interest thereon at 18% per annum from 31/03/2018 to 23/05/2022 i.e. a few days before the filing of the present suit which comes to Rs. 9,61,027 and therefore, suit claim is made for total sum of Rs. 22,75,378 along with interest on the said sum at rate of 18% per annum from date of suit till date of realisation. 3. In response to the suit summons, the defendant entered appearance through counsel and filed detailed written statement denying the plaint averments. It was pleaded at paragraph 11 of the written statement that the post dated 4 CT 1390_Com.OS.7402022_Judgment.doc KABC170014142022 cheques and assurance to make payments were subject to certain terms and conditions and plaintiff has not produced whole documents with the intention of cheating the defendants. The defense raised at paragraph 16 of the written statement was that it is the plaintiff who has defaulted in terms of the agreem