BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY, BENGALURU

URBAN DISTRICT, CITY CIVIL COURT COMPLEX, BENGALURU

PIM NO. / / 2022

Between :

Sri Balaji Cement & Steel Supply,

# 113, Pallava Terrace,
Opp. Yediyur Lake,
Kanakapura Main Road,
1st Cross, 6th Block,
Jayanagar,
Bangalore – 560 082. …. APPLICANT
Represented by its Proprietrix.
Smt. Saroj Bala Goyal

And:

M/s. HOYSALA PROJECTS PRIVATE LTD,

# 104, Ground Floor,
Infantry Road,
Bangalore – 560 001
Represented by its Chairman & MD
Mr. T.S. Sateesh … OPPOSITE PARTY
Email : kavitha@hoysalaprojects.com
Phone No. 080 25320513 / 25595822

INDEX

Court
Sl.No. Description Pages Fees
1 Mediation Application Form 1-5 1,000.00

2 GST Regn. Certificate 6-8  

Company Profile of Hoysala Projects P
3
Ltd 9-10  
4 Copy of Ledger Statement 11-24  
5 Copy of 17 Cheque 25-29  

6 Balance Sheets & P & L A/c of HPPL

30-41

7 Notice & Postal Receipt

42-45

8 Postal Acknowledgement
43

9 Vakalath
44  

Bengaluru
Date : 18/12/2021

Advocate for Applicant.

 SCHEDULE - 1
FORM -1 MEDIATION APPLICATION FORM
[See Rule 3(1)]
BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY, BENGALURU
URBAN DISTRICT, CITY CIVIL COURT COMPLEX, BENGALURU

PIM NO./ / 2022

Between :

Sri
.
Represented by its …. APPLICANT
Ph :

And:

M/s.

Represented by
… OPPOSITE PARTY
Email :
Phone No.
Details of Dispute

1. Nature of Dispute : Claim for price of goods sold and delivered to Opposite
Party by the Applicant towards supply of Building Construction Materials.

2. Quantum of Claim : Rs.61,00,996/- (Rupees Sixty One Lakhs Nine

Hundred Ninety Five only).

3. Jurisdiction : Both the parties are located in Benguluru, carrying on

business in Bengaluru, and the cause of action has arisen in Benguluru; hence
DLSA Benguluru has jurisdiction to entertain this application in terms Section
12A of Commercial Courts Act, 2015

4. Brief synopsis of Commercial Dispute is as hereunder :

a. The Applicant herein is a Proprietorship Concern dealing in Sale of
Cement. The GST Certificate of the Applicant is produced herewith as
Document No. 1.

b. The Opposite Party is a Private Limited Company, specialised in

constructions and builders in Structures and Residential Complexes in
Bangalore. The company profile is herewith produced as Document No.
2.
…2…
/ 2 /

c. The Applicant submits that the Opposite Party had placed oral purchase
orders for purchase of goods ie., Cement falling under the HSN
(Harmonised System of Nomenclature) Code 252390 of the GST Act, 2017
regularly since 2014
d. The Applicant submits that she has sold & delivered goods as and when the
oral purchase orders were placed by the Opposite Party and the Opposite
Party regularly made payments on delivery of goods on bill to bill basis
and also on running account basis to be adjusted towards the old bills first
and then against the later bills.

e. The Applicant submits that this being the case, the Applicant has sold and
delivered goods worth Rs. 1,55,50,996/- (Rupees One Crore Fifty Lakhs
Fifty Thousand Nine Hundred Ninety Six Only) to the Opposite Party on
various dates, vide various invoices since 28/11/2014 till 20/09/2016. The
copy of the Ledger Statement is herewith produced as Document No. 2.

f. The Applicant submits that as against the said purchases the Opposite
Party has made a total payment of Rs. 94,50,000/- (Rupees Ninety Four
Lakhs Fifty Thousand only) on bill to bill basis in respect of some bills
initially and on running account basis in respect of subsequent bills. The
copy of the Ledger Statement of Sales to and Payments received from the
Opposite Party are herewith produced as Document No.2 above.

g. The Applicant submits that last payment being Rs. 5,00,000/- (Rupees
Five Lakhs Only) received on 21.03.2017 adjusted towards the bills
payable in order of time.

h. The Applicant submits that after adjusting all the payments received
against Bill to Bill and lump sum payments received being adjusted against
the bills in the order of time, the Opposite Party is still due and payable a
sum of Rs.61,00,996/- as on 21 st March, 2017 (Rupees Sixty One Thousand
Nine Hundred Ninety Six only)

i. The Applicant submits that the Opposite Party had all along been paying
Invoice amount on delivery of goods and thereafter on running account
basis had been regularly paying the dues promptly till 21.03.2017 and
thereafter all of a sudden the Opposite Party has been avoiding placing
order for purchase of materials nor making the balance payments.
…3..
/ 3 /

j. The Applicant submits that on persistent followup the Opposite Party

issued 17 cheques to the Applicant worth Rs. 43,13,914/- (Rupees Forty
Three Lakhs Thirteen Thousand Nine Hundred Fourteen only) and
further stated that he would clear the balance of Rs. 17,87,082/- (Rupees
 Seventeen Lakhs Eighty in due course of time. The Opposite Party
requested her to deposit the cheques for collection only as and when he
suggests her to do so owing to paucity of funds.

k. The Applicant submits that whenever the Applicant called the

Opposite Party and enquired whether she can present the cheques, The
Opposite Party have been informing the Applicant to postpone the
presentation whereby all the cheques issued by the Opposite Party
became time barred and invalid for presentation for clearance. The
Applicant accommodated the request made by the Opposite Party for
postpone of presentation of cheque on account of the trust reposed and
longstanding business dealings with the Opposite Party. The details of
the cheques are mentioned in the table below :

Cheque No. Date Amount

288873 11-06-2019 2,50,000.00
288963 21-06-2019 2,50,000.00
288966 06-07-2019 2,50,000.00
288881 11-07-2019 2,50,000.00
288882 11-08-2019 2,50,000.00
288883 11-09-2019 2,50,000.00
288884 11-10-2019 2,50,000.00
288885 11-11-2019 2,50,000.00
288886 11-12-2019 2,50,000.00
288887 25-12-2019 2,50,000.00
     
Total A 25,00,000.00
288888 11-01-2020 2,50,000.00
288889 25-01-2020 2,50,000.00
288890 11-02-2020 2,50,000.00
288891 25-02-2020 2,50,000.00
288892 11-03-2020 2,50,000.00
288893 25-03-2020 2,50,000.00
288894 11-04-2020 3,13,914.00
     
Total B 18,13,914.00
TOTAL A +
B   43,13,914.00

….4….
/ 4 /

l. The Applicant submits that he has been regularly following up by making

phone calls and regular visits to the office of the Opposite Party for
collecting the balance payment of Rs. 61,00,996/- (Rupees Sixty One
Lakhs Nine Hundred Ninety Six only) but the Opposite Party has been
 giving untenable and lame excuses on one pretext or the other and
avoiding the payments.

m. The Applicant states that there is a deemed acceptance on the part of the
Opposite Party since the Opposite Party has made no objection in
writing regarding the acceptance of goods or services within fifteen days
from the day of the delivery of goods or the rendering of services, the day
of the actual delivery of goods or the rendering of services.

n. The Applicant states that under the Limitation Act, Balance sheets are an
admission of indebtedness and sufficient acknowledgement.  A cheque
given by a debtor to pay his dues is an acknowledgement of debt.

o. The Applicant states that they have sought for the details of Balance Sheet
and Annual Returns from the RoC, wherein, the Applicant has disclosed a
sum of Rs.30,59,74,494/-, Rs. 42,02,65,624/-, Rs. 44,18,34,687/- & Rs.
52,20,91,041 for the Financial Years 2016-17; 2017-18; 2018-19 & 2019-20
respectively towards Trade Payables in the Opposite party’s Company’s
Balance Sheet. The copies of Balance Sheet and Annual Returns are
herewith produced as Document No.

p. The Applicant states that they have been consistently following up with the
Opposite Party’s Accounts Department and the Directors through various
correspondences like phone calls and personal visits to your office
demanding payment of money, but to no avail.

q. The Applicant states that after much deliberations, followup and having
made all the efforts for collecting the payments from the Opposite Party
and those efforts having gone in vain, caused a Legal Notice dated 11 th
October, 2021 served on the Opposite Party on 16 th October, 2021 through
their Legal Counsel calling upon the Opposite Party to make the payment
of Rs.61,00,996/- (Rupees Sixty One Lakhs Nine Hundred Ninety Six
only) together with Interest @ of 18% p.a. within 15 days from the date of
receipt of the notice. The copy of the Legal Notice together with the Postal
Receipt and the Postal Acknowledgement is herewith produced as
Document No.
…..5…

/ 5 /
 r. That the total outstanding balance, due and payable by the Opposite Party
to the Applicant, for the goods sold and delivered under the above Ledger
Statement stands at Rs. 61,00,996/- (Rupees Sixty One Lakhs Nine
Hundred Ninety Six only).

s. In the above circumstances, since the dispute between the Applicant and
Opposite Party is a Commercial Dispute within the meaning of Section 2(1)
(c )(i) of Commercial Courts Act, 2015, the same is required to be resolved
through mediation as contemplated under the Commercial Court Act,
2015. Hence, this Application.

5. DETAILS OF FEE PAID : Fee Paid by DD No. __________ dated

___________ for Rs.1,000/- issued by

ADVOCATE FOR APPLICANT NAME & SIGNATURE OF

APPLICANT
Benguluru
Date : 14/12/2021.