Case Summary
Agappe Diagnostics Ltd. is suing M/s Athens Corporations and its managing partner Mr. Joseph Simon for failing to complete contracted flooring work and seeking recovery of money. The plaintiff claims significant losses due to the defendants' delays and failures in fulfilling their contractual obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 8,53,308/- with interest @ 6% per annum from the date of suit till decree and thereafter @ 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established that the defendants did not fulfill their contractual obligations to complete the flooring work.
The plaintiff successfully established that the defendants did not fulfill their contractual obligations to complete the flooring work.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Plaintiff is entitled to realize an amount of Rs.8,53,308/- (Rupees Eight lakhs fifty three thousand three hundred and eight only) from defendants with interest @ 6% per annum from the date of suit till decree and thereafter @ 6% per annum till realization.
Parties Involved
Plaintiffs
Agappe Diagnostics Ltd. (Age not specified years)
Office Nos 401-402, Jaisingh Business Centre, Sahar Road, Andheri (East) Mumbai, Mumbai City, Maharashtra- 400099, India.
Defendants
M/s Athens Corporations (Age not specified years)
Athens House, Provident Fund Road, Kaloor, Cochin- 682017.
Mr. Joseph Simon (Age not specified years)
Athens House, Provident Fund Road, Kaloor, Cochin- 682017.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.8,53,308/- from defendants with interest.
Evidence:
Plaintiff is entitled to realize an amount of Rs.8,53,308/- (Rupees Eight lakhs fifty three thousand three hundred and eight only) from defendants with interest @ 6% per annum from the date of suit till decree and thereafter @ 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the proceedings from defendants.
Evidence:
Plaintiff is entitled to realize the costs of the proceedings from defendants.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Certified copy of the resolution dated 20.03.18 passed by the board of directors of the plaintiff.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email issued by the 2nd defendant to the plaintiff with respect to the catalogue of their products dated 13.04.15.
Reference:
Ext.A2
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email sent by the 2nd defendant to the plaintiff dated 13.04.15.
Reference:
Ext.A3
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email dated 17.04.15 issued by the plaintiff to the defendants inviting them to attend the meeting.
Reference:
Ext.A4
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email dated 18.04.15 by which the quotation is forwarded by the defendants to the plaintiff.
Reference:
Ext.A5
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email dated 30.04.15 by which the revised quotation with revised rate was issued by the defendants to the plaintiff.
Reference:
Ext.A6
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email sent by the 2nd defendant to the plaintiff providing the final price on 19.05.2015.
Reference:
Ext.A7
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Letter of intent issued by plaintiff and acknowledged and accepted by defendant dated 26.05.2015.
Reference:
Ext.A8
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order dated 29.05.2015.
Reference:
Ext.A9
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order dated 25.08.2015.
Reference:
Ext.A10
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email along with the certification and additional list of documents dated 14.10.15.
Reference:
Ext.A11
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Certified printout of the bank statement of the plaintiff issued by the Federal bank dated 04.04.18.
Reference:
Ext.A12
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order for Rs. 88,490/- issued by the plaintiff.
Reference:
Ext.A13
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order for Rs. 65,412/- issued by the plaintiff.
Reference:
Ext.A14
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email sent by the plaintiff to the defendants dated 01.09.15.
Reference:
Ext.A15
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
True printout of the email along with the certification dated 21.10.15.
Reference:
Ext.A16
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of letter issued by the plaintiff to the defendant dated 03.03.16.
Reference:
Ext.A17
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Certified account statement of plaintiff for the period 06.06.15 issued by federal bank.
Reference:
Ext.A18
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Certificate statement of account issued by Axis bank, Perumbavoor Branch.
Reference:
Ext.A19