M/S Dms Conmix (India) Pvt Limited vs M/S Nishva Sabari Construction on 18 July, 2026

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    Bangalore District Court

    M/S Dms Conmix (India) Pvt Limited vs M/S Nishva Sabari Construction on 18 July, 2026

     KABC170009222025
    
    
    
    
    IN THE COURT OF LXXXVI ADDL. CITY CIVIL & SESSIONS
      JUDGE, (COMMERCIAL COURT), BENGALURU (CCH-87)
               Dated this the 18th day of JULY, 2026
            Present: SRI. JITHENDRANATH C.S., B.A., LL.M.,
                         LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE
                         BENGALURU.
    
                           Com.O.S.No.363/2025
     BETWEEN
     PLAINTIFF       :     M/s.DMS Conmix (INDIA) Pvt. Limited,
                           Sy. No.19, Bayapanahalli,
                           Bidarahalli Hobli,
                           Virgonagar Post,
                           Bengaluru East Taluk,
                           Bengaluru-560049.
                           Represented by its Director,
                           Sri. Shivakumar.
                           (By Sri.Dayananda, advocate)
                                - Vs -
     DEFENDANTS :          1. M/s Nishva Sabari Construction,
                           Sugganahalli, Gadaga-582116.
                           Represented by its Proprietor,
                           Sri. Arjunan pandi Sabarinathan,
                           2. Sri. Armugam,
                           Site Engineer,
                           M/s Nishva Sabari Construction,
                           Sugganahalli, Gadaga-582116,
                           Email id [email protected]
                           Mob No 9092936723.
                           (Exparte)
    
    
     Date of Institution                 : 07.03.2025
                               2
                                               Com.O.S.No.363/2025
    
    
    
    
    Nature of the suit                 : Recovery of money
    Date of the commencement
    of recording of the evidence       : NIL
    Date on which Judgment
    was pronounced                     : 18.07.2026
    
    Total Duration                     : Year/s       Month/s                     Day/s
                                          01              04                       11
    
                                                      Digitally signed by
                                                      JITHENDRANATH S
                                      JITHENDRANATH   CHELUR
                                      S CHELUR        Date: 2026.07.18 17:32:58
                                                      +0530
    
    
                                (JITHENDRANATH C.S.)
                         LXXXVI Addl. City Civil & Sessions Judge,
                            (Commercial Court), Bengaluru.
    
                            JUDGMENT
    

    The plaintiff has instituted the present suit against the

    defendants seeking a judgment and decree directing the

    SPONSORED

    defendants jointly and severally to pay a sum of

    Rs.11,21,600/- (Rupees Eleven Lakh Twenty One Thousand

    Six Hundred Only) along with pendente lite and future

    interest at the rate of 18% per annum from the date of suit

    till the date of realization, together with costs of the suit.
    3

    Com.O.S.No.363/2025

    The brief facts of the plaintiff’s case is as under:-

    2. The plaintiff has its office at Bengaluru and has been

    carrying on the business of supplier of Ready Mix Concrete

    for several years. The defendant No.1 is a proprietorship

    concern to which defendant No.2 is a site engineer. The

    defendant No.2 approached the plaintiff and placed purchase

    orders for supply of Ready Mix Concrete to defendant No.1 on

    credit basis. Considering the request of defendant No.1, the

    plaintiff supplied goods worth Rs.59,21,600/- to the

    defendants and maintained a ledger account in respect of the

    said transactions. Out of the said amount of Rs.59,21,600/-,

    the defendants have paid a sum of Rs.48,00,000/-. Thus, an

    outstanding liability of Rs.11,21,600/- is due and payable by

    the defendants to the plaintiff for the period between

    07.09.2023 and 25.05.2024. As per the agreed terms between

    the parties, the defendants were also liable to pay interest at

    the rate of 24% per annum on the outstanding amount.

    Despite repeated requests and reminders, the defendants

    failed and neglected to clear the outstanding dues. The

    plaintiff therefore issued a legal notice dated 02.09.2024

    calling upon the defendants to pay the dues along with
    4
    Com.O.S.No.363/2025

    interest. The defendants failed to comply with the said notice.

    The plaintiff thereafter initiated pre-institution mediation

    before the District Legal Services Authority, Bengaluru in PIM

    No.2670/2024. The said Authority issued a “Non-Starter

    Report” dated 16.01.2025. Hence, the plaintiff has filed the

    present suit for recovery of money.

    3. The suit summons was issued to the defendants through

    Court process and by RPAD. The summons issued to

    defendant No.1 was duly served and service was held

    sufficient. With the leave of this Court, summons to

    defendant No.2 was served by publication in the daily

    newspaper ‘Kannada Prabha’ dated 26.12.2025. defendant

    No.2 was suppose to appear before this Court on 19.02.2026

    for filing written statement. On 19.02.2026, defendant No.2

    was called out but remained absent. Despite sufficient

    opportunity granted by this Court to file written statement,

    and even after lapse of 30 days, the defendants neither

    appeared nor filed written statement. Therefore, this Court

    was constrained to proceed with the matter and the

    defendants were placed ex parte.

    5

    Com.O.S.No.363/2025

    4. The advocate for plaintiff requested the court to pronounce

    judgment in favour of the plaintiff by decreeing the suit under

    order VIII Rule 10 of CPC.

    5. Heard arguments.

    6. The following point arise for court’s consideration:

    Whether the plaintiff is entitled for the
    judgment and decree as sought for?

    7. My answer to the above point is in the affirmative, for the

    following;

    REASONS

    8. The plaintiff is a company registered under the

    Companies Act, 2013. defendant No.1 is a proprietary

    concern and defendant No.2 is its site engineer. The plaintiff

    has produced the Certificate of Incorporation and copy of

    Udyam Registration Certificate bearing No.UDYAM-KR-03-

    0264395 to prove that the transaction between the parties is

    a commercial transaction. Sri Shivakumar, Director of the

    plaintiff company, has represented the plaintiff before this

    Court. The Director of the plaintiff has verified the plaint by

    way of Statement of Truth and has affirmed that the contents
    6
    Com.O.S.No.363/2025

    of the plaint are true and correct. Pursuant to the purchase

    orders placed by the defendants, the plaintiff has raised tax

    invoices for supply of Ready Mix Concrete – M-15 OPC for a

    total sum of Rs.59,21,600/-. The plaintiff has produced tax

    invoices (Page No.26 to 66 ) for the perusal of the court. The

    plaintiff has also produced the ledger account maintained in

    the regular course of business. The said ledger reflects that a

    sum of Rs.11,21,600/- remained due and payable by the

    defendants to the plaintiff as on 24.05.2024. The claim of the

    plaintiff is corroborated by the documents produced on

    record. Despite service of summons, the defendants have

    neither appeared nor contested the claim of the plaintiff

    before this Court. The Track Consignment Report issued by

    the Postal Department indicates “Item Received”. Thus, the

    legal notice was also served. There is no reply from the

    defendants. The conduct of the defendants in not giving reply

    to the legal notice and from abstaining the proceedings

    despite sufficient opportunity, leads to an inference that the

    defendants have no defence to the claim of the plaintiff.On

    24.05.2024 the defendants have made a payment of

    Rs.8,00,000/- to the running account. PIM was initiated on
    7
    Com.O.S.No.363/2025

    05.11.2024. Thus, the suit is well within the limitation.

    Therefore, this Court is of the considered opinion that this is

    a fit case to invoke Order VIII Rule 10 of the Code of Civil

    Procedure, 1908 to decree the suit of the plaintiff.

    9. With regard to the claim of interest, the Plaintiff-Company

    has sought pendente lite and future interest @ 18% per

    annum from the date of institution of the suit till the date of

    realization. It is not in dispute that there exists no privity of

    contract between the parties concerning payment of interest.

    However, the transaction in question being commercial in

    nature, and the Plaintiff-Company being a Small Enterprise

    duly registered under the Micro, Small and Medium

    Enterprises Development Act, 2006 [“MSMED Act“], it is

    entitled to statutory interest in terms of Section 16 of the

    MSMED Act. The mandate of Section 16 is that where a

    buyer fails to make payment to the supplier within the period

    prescribed under Section 15, the buyer shall be liable to pay

    compound interest with monthly rests at three times the

    bank rate notified by the Reserve Bank of India. Be that as it

    may, this Court is not empowered to award future compound
    8
    Com.O.S.No.363/2025

    interest beyond the date of decree. Accordingly, this point is

    answered in the affirmative.

    10. Defendant No.2, being the Site Engineer of Defendant

    No.1, is a mere employee/agent of the said Defendant. It is a

    well settled principle of law that for the acts done by an agent

    in the course of his employment, the principal alone is liable.

    Conversely, for the liabilities of the principal, the agent

    cannot be personally held responsible. At any rate, on the

    facts and circumstances of the present case, no liability for

    payment of the suit claim can be fastened on Defendant No.2.

    11. In view of the findings on aforesaid point, I proceed to

    pass the following:-

    ORDER

    The suit of the plaintiff-company is hereby
    decreed with costs.

    The defendant No.1 do pay a sum of
    Rs.11,21,600/- (Rupees Eleven Lakh Twenty One
    Thousand Six Hundred Only) with interest at the
    rate of 18% p.a. from the date of filing of this suit
    till the date of realization.

    9

    Com.O.S.No.363/2025

    The suit against defendant No.2 is hereby
    dismissed.

    Draw decree accordingly.

    The office is hereby directed to send a soft
    copy of this judgment to the parties to the
    proceedings to their respective e-mail IDs as
    required under Order XX Rule 1 of CPC and as
    amended under section 16 of the Commercial
    Courts Act, 2015.

    [Dictated to the Adalat AI Dictaphone software, edited by stenographer,
    corrected and signed by me then pronounced in the Open Court, dated
    this the 18th day of July 2026]
    Digitally signed by
    JITHENDRANATH S
    JITHENDRANATH CHELUR
    S CHELUR Date: 2026.07.18
    17:33:06 +0530

    (JITHENDRANATH C.S.)
    LXXXVI Addl. City Civil & Sessions Judge,
    (Commercial Court), Bengaluru.



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