Bangalore District Court Sri Sai Suraj Agencies vs M/S Nest Farm on 21 August, 2024 KABC170035672022 IN THE COURT OF LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH85) (COMMERCIAL COURT), BENGALURU DATED THIS THE 21st DAY OF AUGUST 2024 PRESENT SRI.RAMAKANT CHAVAN, B.Com., LL.B.(Spl) LXXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.O.S.No.1855/2022 PLAINTIFF: Sri. Sai Suraj Agencies, No.65, 'Surasa Enclave', 2nd Floor, Puttanna Road, Gandhibazar, Bengaluru 560 004 Rep. by its Proprietor Sri.O.S.Venkatesh, S/o O.Sathyanarayana, Aged about 52 years (By Sri.Prakash Shetty, Adv.) AND DEFENDANTS: 1. M/s NEST FARM, No.26, 4th floor, Sindhi Colony, J.C.Road, Bengaluru 560 002 Rep. by its Partners 2 Com.O.S.No.1855/2022 2. Sri.Puvi Kumar, Major, No.26, 4th floor, Sindhi Colony, J.C.Road, Bengaluru 560 002 3. Sri.Kanakachalam, Major No.26, 4th floor, Sindhi Colony, J.C.Road, Bengaluru 560 002 4. Sri.Radhakrishnan Major, No.26, 4th floor, Sindhi Colony, J.C.Road, Bengaluru 560 002 5. Sri.N.Sravanan, S/o Nachimuttu, Aged about 51 years, R/at No.70/9D, Vengamedu, Veeranamdalayam Road, Pothanur, Paramativelur Tq, Namakkal, Tamilnadu 638 182 (D1 and 3 by Sri.Vijayendra D. Joshi, Adv.; D5 by Smt.Vatsala N., Adv.; D2 and 4 Exparte) Date of Institution 15.12.2022 Nature of suit For recovery of money Date of First Case 04.09.2023 Management Hearing Date of commencement of 13.10.2023 recording of evidence 3 Com.O.S.No.1855/2022 Date on which judgment 21.08.2024 pronounced Time taken for disposal Years Months Days 1) From the date of First 00 11 17 Case Management Hearing 2) Total duration 01 08 06 LXXXIV Addl. City Civil & Sessions Judge (CCH85) Commercial Court, Bengaluru JUDGMENT This is a suit filed by the plaintiff for recovery of Rs.2,27,16,175/ together with future interest at the rate of 24% p.a. till the date of payment together with cost of the suit. 2. Brief facts of the plaintiff's case is that the plaintiff is in trading and supplying of Maize and other allied business to its customers all over India and having branch offices in many states like Bihar, Tamilnadu etc. and the administrative office at Bengaluru. The defendant is one of the customer of the plaintiff and having regular business transactions since from few years as also having its office in many states like Karnataka, Tamilnadu, Assam etc. The defendant No.2 is responsible for the day to day affairs of the firm. During the course of business, the defendant No.2 visited the Administrative office of the plaintiff and placed 4 Com.O.S.No.1855/2022 purchase order for Maize of 1.00 lakh Kg as per the negotiated sale price of Rs.23.80 per Kg under the purchase order bearing No.140/1920 dated 01.10.2019 sent through email dated 04.10.2019. The plaintiff supplied Maize worth Rs.52,27,432/. On 13.10.2019 the defendants have placed one more purchase order for Maize of 6.75 lakhs Kg at the rate of Rs.23.50 per Kg under purchase order dated 14.10.2019 bearing No.150/1920, but the plaintiff supplied 6,80,805 Kg at the rate of Rs.23.50. The total value of the Maize were supplied is Rs.1,55,28,918/. It is further pleaded that the plaintiff had supplied Maize from Bihar stockyard to the defendant's office situated at Guwahati from 11.10.2019 to 21.11.2019 under various invoices. Out of the above transactions, the invoice No.14334 has been transported from Hosur stockyard to Guwahati of Rs.6,87,704/, in all Rs.2,07,56,350/. Such being the case, the defendants have started making payments from 31.01.2020 to 07.02.2020 of Rs.72,95,101/. The defendants shall pay the balance amount of Rs.1,34,70,653/ and stopped making payment after 07.02.2020 and requested some more time for payment and then it has been postponed one or the other reason including Covid19 pandemic. On 08.02.2021, the defendant No.2 has sent a ledger account maintained by the plaintiff. In turn the plaintiff has sent a ledger account as requested by the defendant No.2 and same was accepted by the defendants. It is further pleaded that the defendants failed to make balance payment as stated in the email, even after frequent 5 Com.O.S.No.1855/2022