Bangalore District Court M/S. Akshara Drug House Private Limited vs M/S. Ess Vee Enterprises on 30 September, 2021 Form No.9 (Civil) Title sheet for Judgment in Suits (R.P.91) IN THE COURT OF XIX ADDL. JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU. (SCCH17) Dated : This 30th day of September 2021 Present: V.NAGAMANI B.A.L., LL.B., LL.M., XIX ADDL. JUDGE & MEMBER, MACT. COURT OF SMALL CAUSES, BANGALORE. S.C. No.613/2019 Plaintiff M/s. Akshara Drug House Private Limited, Registered Office at No.333, 1st floor, 9th cross, 4th main, 4th phase, Peenya Industrial area, Bengaluru 560 058 Rep. By its Director and Authorised person H.M. Ghodke (By Pleader Shri Virupaksha T.T.) V/s Defendant M/s. ESS VEE Enterprises, No.7, Alzhunachi Amman Nilayam, Ramaiah Reddy Layout, 3rd cross, 3rd block, Dasappa Layout, Bangalore 560 016 (By Pleader Shri B.M. Maheshwara) Date of institution of the suit: 22.04.2019 SCCH17 SC 613/2019 Nature of the suit (suit on pronote, suit for declaration and possession suit for injunction etc.): Money recovery Date of commencement of recording of the evidence: 6.11.2019 Date on which the judgment is pronounced : 30.9.2021 Total duration: Years Month/s Days 2 5 8 (V.Nagamani) C/C. XIX ADDL JUDGE, :: J U D G M E N T :: This judgement has arisen consequent upon the suit filed by the plaintiff, against the defendant for recovery of Rs.34,719/­ along with interest @ 24% p.a. with costs of the suit. FACTS OF THE CASE IN NUTSHELL. 2. It is forthcoming in the plaint averments that the plaintiff is a private limited company registered under Companies Act. And functioning in the above address fully mentioned in the cause title of the plaint, by manufacturing and SCCH17 SC 613/2019 marketing of Ayurvedic and Herbal medicines and cosmetics. It is an integrated agro industrial company specialising in the development of herbal medicines and allied. It is stated that the defendant is the distributor and operating business, and both the plaintiff and defendant the are known to each other in the business field. 3. It is stated that the defendant approached the plaintiff in the month of September 2016, and expressed his interest in purchase of the products of the plaintiff. In this regard, the defendant has made an order to purchase 55 quantity with free 5 quantity of Rushikesha Bringa Oil­ 100 ml, 400 quantity with free 100 quantity of Rushikesh natural wash sachet, 100 quantity with free 20 quantity of Rushikanti­ MM, 50 quantity with free 10 quantity of Rushikanti, 50 quantity with free 10 quantity of Akshara castro oil 100 ml, 50 quantity with free 10 quantity of Akshara castro oil 50 ml, which amounts to Rs.24,086/­ including VAT. In this regard the plaintiff raised bill as per tax invoice No.45 dated 15.9.2016 for SCCH17 SC 613/2019 Rs.24,086/­ and goods are delivered to the defendant on the same day. 4. It is also stated that the request made by the defendant to purchase the 200 quantity with extra 40 quantity free of Rushikanti­MM, 100 quantity with extra 20 quantity free of Rushikanti­ Rw, 200 quantity with extra 40 quantity free of Akshara castor oil 100 and 200 qunatity with extra 40 quantity free of Akshara Castor oil 50 which totally amounts to Rs.21,308/­ with VAT. In this regard, the plaintiff raised the bill as per tax invoice No.63 dated 20.10.2016 for Rs.21,308/­ and said goods were delivered to the defendant on the same day. 5. It is also forthcoming in the plaint averments that, once again the defendant has made an order to purchase 50 quantity of Rushikesha Bringa Oil­ Combo offer, which amounts to Rs.13,411/­ including VAT. As such the plaintiff raised the bill as per tax invoice No.65 dated 27.10.2016 for Rs.13,411/­. And the goods were delivered to the defendant on the same day. In toto, the plaintiff delivered