JUDGMENT

1. This appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 is against the order dated 08.01.2024 passed in Com. O.S. No.446/2023 by LXXXIII Additional City Civil Judge (CCH-84) Bengaluru.

2. The Court has passed the following orders on I.

As No.1, 2, and 3 filed by the plaintiff/respondent.

"I.A.No.1 filed under Order XXXIX Rules

1 and 2 CPC read with Sections 94 and 151 CPC as amended by the Commercial Courts Act, 2015 by the plaintiff is hereby allowed with costs.

The defendants are hereby directed to deposit in the Court a sum of USD 1.1 Million (notional exchange rate 1 USD: INR 82) or to furnish proper bank guarantee for a sum of 1.1 Million USD (notional exchange rate 1 USD: INR 82) within two months from the date of this order.

I.A.No.2 filed under Order XXXIX Rules

1 and 2 r.w.s 94 and 151 CPC as amended by the Commercial Courts Act, 2015 by the plaintiff is hereby allowed with costs.

The Defendants or any person under through them, are hereby restrained by way of an ad-interim order of temporary injunction from any manner whatsoever, directly or indirectly, alienating, selling, transferring, encumbering, dissipating, mortgaging, pledging, creating lien or charge, third-party rights otherwise with any of their respective assets properties (movable or immovable, tangible intangible) without limitation, their respective shares, mutual funds, monies deposited in accounts fixed deposits, without the leave of the Court, pending disposal of the suit.

I.A.No.3 filed under Section 151 of CPC as amended by the Commercial Courts Act, 2015 by the plaintiff is hereby allowed with costs.

The defendants are hereby directed to disclose on oath or by way of an affidavit, all the details/particulars of their respective assets or properties (movable or immovable, tangible intangible) including without limitation, their shares, mutual funds, monies deposited in bank accounts and fixed deposits, within a period of thirty (30) days from the date of this order.

The defendants are directed to pay a cost of Rs.15,000/-(Rupees Fifteen Thousand only) to the plaintiff towards costs as awarded above."

3. For the sake of convenience, the parties are referred to as per their ranking before the Commercial Court.

4. The plaintiff seeking a decree for recovery of USD

11,02,180/- along with interest @ 18% p.a. from the date of the filing of the suit till payment. According to the plaintiff, the 2nd defendant acting on behalf of the first defendant Company placed purchase orders on 10.05.2022 and 12.05.2022 for the supply of certain products with a request to deliver the goods at the address shown in Bangalore. The plaintiff further claims that a series of correspondence through e-mail took place between the plaintiff and defendants and in various correspondence referred to in the plaint, the defendant No.2 acting on behalf of defendant No.1 Company has confirmed the purchase orders placed by them. It is further stated that the assignment was delivered in Bengaluru at the address specified by the second defendant. The defendants have not made the payment. Thus, the suit is filed to recover the amount as mentioned above.

5. The application at I.A. No.1 is filed with a prayer to direct the defendants to deposit 1.1 million USD or furnish suitable security for the said amount till the disposal of the suit. I.A. No.2 is filed with a prayer to restrain the defendants from alienating or creating any third-party rights or charges in respect of all the assets of the defendants. I.A. No. 3 is filed seeking a direction to the defendants to disclose the particular of the assets of the defendants.

6. The defendants contested the suit. The defendants primarily raised a contention that there is no agreement between the plaintiff and defendants relating to the supply of the goods referred to in the plaint. There is no agreement relating to payment of interest and defendants also contended that the purchase order through email referred to by the plaintiff,