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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.Sandesh
Thimmaiah K., S/o Late Kariyappa – Appellant
Versus
Panchamuki Nutriens Private Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of plaintiff's business and due amounts. (Para 2) |
| 2. defendant's contention of no dues due to payments. (Para 3) |
| 3. outstanding payments and evidence of transaction. (Para 4 , 5) |
| 4. trial court's conclusion based on evidence. (Para 6) |
| 5. first appellate court reviews evidence and claims. (Para 7) |
| 6. question of law regarding ex.d1. (Para 8) |
| 7. assessment of documents and evidence in the current appeal. (Para 9) |
| 8. requirement of specific pleadings and proof. (Para 10) |
| 9. defendant's failure to present evidence. (Para 11) |
| 10. clarification on payment records and timelines. (Para 12) |
| 11. final order denying the appeal. (Para 13) |
JUDGMENT :
H.P.Sandesh, J.
Heard learned counsel for the appellant. This matter is listed for final hearing. This Court has issued notice to the respondent and inspite of service of notice, the respondent did not choose to appear before the Court and engage any counsel.
2. The factual matrix of case of the respondent before the Trial Court is that the plaintiff's company is registered under the Companies Act and represented by Managing Director. The plaintiff's company is involved in business of manufacturing and selling of cattle feeds througho
Lack of specific pleading regarding set-off and absence of documentary proof led to the ruling that the defendant remains liable for unpaid dues in business transactions.
The court reinforced that the plaintiff bears the burden of proof in recovery suits, and the defendant's failure to produce evidence does not liberate the plaintiff from proving its case.
The court emphasized that disputed documents and agreements raised triable issues that required evidence and could not be decided summarily.
The respondent must prove the existence of a special business practice, and mis-description in the plaint does not necessarily result in non-suit.
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