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
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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
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.
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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
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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.
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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
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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
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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
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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.
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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.
