M/S Nmrm Infotech Pvt. Ltd. v. Geetha Electronics

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RFA No. 1103 of 2019 (MON), High Court of Karnataka at Bengaluru, decided 21-04-2026 by Anant Ramanath Hegde J. Appellants: M/S NMRM Infotech Pvt. Ltd. (director Niraj S Mandal), Niraj S Mandal and Rohin Niraj Mandal (adv. M C Jayakirthi); Respondent: Geetha Electronics, Perpro Geetha Monitors Pvt Ltd (Ashok Arjandas Chhabria) (adv. Ashok G V). Challenges decree dated 23.01.2019 in O.S.No.63/2015, XXXVIII Addl. City Civil and Sessions Judge, Bangalore City, decreeing recovery of Rs.2,14,812/- at 18% p.a. Keywords: recovery of money suit; cheque dishonour and stop-payment instruction; defective goods (two of three) reported by end user (email dated 04.09.2014 per appellants' account); sale under manufacturer's warranty; Exhibits D3, D6, D7, D8 e-mail communications; Ex.P8 manufacturer communication contested as unproved/fake per DW-1 (recorded contention); distributor not bound to replace at manufacturer's direction; claim against manufacturer; first defendant received sale consideration; 18% interest upheld under Proviso to Section 34 CPC despite 24% contractual rate; Clariant International Ltd and Another vs. Securities & Exchange Board of India, (2004) 8 SCC 524 (cited by counsel). Filed under Order 41 Rule 1 r/w Section 96 CPC. Outcome: appeal dismissed, amount in deposit released to respondent/plaintiff.