Bangalore District Court Godrej & Boyce Manufacturing Company vs Sri.Rajeev on 25 November, 2022 IN THE COURT OF LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH90) Present: Sri.S.J.Krishna, B.Sc., LL.B., LXXXIX Addl.City Civil & Sessions Judge, Bengaluru. Dated: 25th NOVEMBER 2022 Com.O.S.No.285/2020 PLAINTIFF : Godrej & Boyce Manufacturing Company Limited, having its branch office at The Karnataka Film Chambers of Commerce, No.28, 1st Main, Crescent Road, High Grounds, Bengaluru560 001, Represented by authorised signatory, Mr.Sumith Mailk. (By Sri.K.S.Harish, Advocate) Vs DEFENDANT : Sri.Rajeev, Proprietor, M/s.Electro Tech, # 1233, Behind Reliance World, D.D.Urs Road Cross, Mysore570 001. (By Sri.R.Govardhan, Advocate) /2/ Com.OS.285/2020 Date of Institution of : 16.10.2020 suit Nature of suit : Money Suit (suit on pronote, suit for declaration and possession suit for injunction, etc.,) Date of commencement : 16.06.2022 of recording of evidence Date of judgment : 25.11.2022 Total duration : Year/s Month/s Day/s 02 01 09 (S.J.KRISHNA) LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH90) JUDGMENT The plaintiff has filed this suit against the defendant praying the Court to pass a Judgment and decree a) Directing the defendant to pay a sum of ₹.17,56,000/ and interest thereon @ 24% p.a. from the date of the suit till the date of realisation by the plaintiff; b) Directing the defendant to pay the costs and such other reliefs. /3/ Com.OS.285/2020 The summary of the case of the plaintiff is as follows: 02. The plaintiff is a reputed company dealing with various commercial and commodity goods for the last so many decades and has enormous reputation in the market. The Defendant had placed a purchase order dated 31.01.2018 bearing No. 19407 with the Plaintiff for supply of Longspan shelving for sum of ₹.15,47,499 (Rupees Fifteen Lakhs Fourty Seven Thousand Four hundred and Ninety Nine). The said products were duly supplied under Invoices bearing No.U28993MH1932PLC001828 dated 16.02.2018 for sum of ₹.15,47,499 (Rupees Fifteen Lakhs Forty Seven Thousand Four hundred and Ninety Nine). The materials were duly supplied and delivered to the full satisfaction of the Defendant since no dispute was raised as regards quantity or quality and its performance. At the same time delivery, the Tax Invoice was duly acknowledged by the defendant. 03. After adjusting the payments made by the Defendant for a sum of ₹.2,00,000.00 (Rupees Two Lakhs) on 31st March 2018 through RTGSTRN REF No:D01ZOAC180901VHI and another payment of ₹.2,50,000.00 (Rupees Two Lakhs Fifty Thousand) on 19 th February 2018 through RTGSTRN REF No:D01ZOAC180500P9B as against the total invoice value, an outstanding balance due and recoverable from the Defendant to an aggregate of sum of ₹.10,97,499/ along /4/ Com.OS.285/2020 with the interest at the rate of 24% p.a. from the due date, which the Defendant have failed and neglected to pay, in spite of the Plaintiff's repeated requests and reminders. The Plaintiff time and again requested the Defendant to make payment and the Defendant promised to clear the said dues together with the agreed interest and charges, but however the Defendant has failed to clear the same till date. 04. The Plaintiff got issued a Legal notice dated 23.01.2019 by Registered Post Acknowledgment Due to the Defendant calling upon the Defendant to pay the balance due of ₹.10,97,499/ (Rupees Ten Lakhs Ninety Seven Thousand Four Hundred and Ninety Nine) along with the accrued interest thereon at the rate of 24% (Twenty Four) per annum. 05. The Defendant is liable to pay a sum of for sum of ₹.10,97,499 (Rupees Ten Lakhs Ninety Seven