Mr Sunil Kumar Sharma vs M/S Hadid Tools Center
2023 Latest Caselaw 5804 Kant

Citation : 2023 Latest Caselaw 5804 Kant
Judgement Date : 21 August, 2023

Karnataka High Court

Mr Sunil Kumar Sharma vs M/S Hadid Tools Center on 21 August, 2023

Bench: H T Prasad

                                           -1-
                                                     NC: 2023:KHC:29675
                                                     CRP No. 65 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 21ST DAY OF AUGUST, 2023

                                        BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                      CIVIL REVISION PETITION NO. 65 OF 2015 (SC)
                BETWEEN:

                1.    MR SUNIL KUMAR SHARMA
                      S/O SRI D P SHARMA
                      AGE 52 YEARS
                      C/O SHARMA TRANSPORT
                      NO.328, SANGEETHA BHAWAN
                      TIPPU SULTAN PALACE ROAD
                      FORT KALASIPALYAM
                      BANGALORE-560002.

                2.    MR SURESH KUMAR SHARMA
                      S/O SRI DP SHARMA
                      AGED ABOUT 50 YEARS
                      C/O SHARMA TRANSPORT
Digitally signed
                      NO.328, SANGEETHA BHAWAN
by                    TIPPUR SULTAN PALACE ROAD
DHANALAKSHMI          FORT, KALASIPALYAM
MURTHY                BANGALORE-560002.
Location: High                                           ...PETITIONERS
Court of
Karnataka        (BY SRI. PRASANNA V R., ADVOCATE)

                AND:

                M/S HADID TOOLS CENTER
                A PARTNERSHIP FIRM
                DULY REGISTERED UNDER THE
                PROVISIONS OF INDIA PARTNERSHIP
                ACT, 1932 AND HAVING ITS OFFICE AT
                NO.9, SADAR PATRAPPA ROAD
                BANGALORE-560002.
                               -2-
                                           NC: 2023:KHC:29675
                                           CRP No. 65 of 2015




REP BY ITS PARTNER
MR SAIFEE ERANPURWALA
                                               ...RESPONDENT
(BY SRI.S.V. GIRIDHAR., ADVOCATE)

    THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA
SMALL CAUSE COURTS ACT, 1964, AGAINST THE ORDER
DATED 31.10.2014 PASSED IN S.C.NO.1283/2013 ON THE FILE
OF XIX ADDITIONAL SCJ AND XLI ACMM, BANGALORE,
DECREEING THE SUIT FOR RECOVERY OF MONEY.

     THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
                            ORDER

This petition is filed by the defendants under Section

18 of the Karnataka Small Cause Courts Act, 1964

challenging the order dated 31.10.2014 passed by the

Small Causes Judge, Bangalore (SCCH-17) in S.C.

No.1283/2013 whereby the suit filed by the plaintiff is

decreed for recovery of a sum of Rs.43,350/- with interest

@ 10%.

2. For the sake of convenience, the parties are

referred to as per their ranking before the trial court.

3. The case of the plaintiff is that they booked a

consignment for delivery to ION Exchange (India) Limited,

NC: 2023:KHC:29675 CRP No. 65 of 2015

Goa, for a value of Rs.43,350/-. As per the sale of items

mentioned in the invoice, the plaintiff booked the

consignment with M/s.Sharma Transports. The freight

charges fixed at Rs.200/- was also fully paid. Since the

consignment was not delivered to the addressee, the

plaintiff filed a suit for recovery of the value of the goods

with interest.

4. The trial court, after considering the evidence of

the parties, has allowed the suit and held that the plaintiff

is entitled to recover the value of goods of Rs.43,350/-

with interest @ 10% from 06.05.2013 to till realization.

Being aggrieved, defendants are before this Court. This

Court, by order dated 10.02.2015 passed the following

order:

"Heard the learned counsel for parties and perused the application.

The matter is admitted. Issue emergent notice. Call for records.

ORDER ON IA No.1/15

NC: 2023:KHC:29675 CRP No. 65 of 2015

This application is filed for stay. Being satisfied with the cause shown, all further proceedings of the impugned order is stayed, subject to petitioner depositing 50% of the decreetal amount within 15 days from today. On deposit the said amount shall be kept in a fixed deposit till disposal of the petition. It is also made clear that the said amount shall not be released in favour of the respondent - plaintiff till the matter is disposed of finally by this Court."

5. Pursuant to that order, the defendants have

deposited Rs.22,000/- before this Court. In view of the

above and considering the judgment and decree passed by

the Small Causes Court and in the interest of justice, I am

of the opinion that the plaintiff is entitled for the amount

deposited before this Court.

6. Accordingly, I pass the following order:

(i) The revision petition is allowed in part.

NC: 2023:KHC:29675 CRP No. 65 of 2015

(ii) The plaintiff is permitted to withdraw the

amount deposited before this Court with

interest.