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O.S. No. 228 / 2019

Case between Anitha R vs Dath Enterprises regarding realization of money.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-10-04
Duration
approximately-5 years 6 months
Case Closed
Fri, 10/04/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Anitha R, the plaintiff, filed a suit against Dath Enterprises for the recovery of an outstanding amount of Rs.39,083 plus interest. The defendant failed to make required payments for goods supplied, leading to this lawsuit.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs.39,083 along with interest. The court indicated that the defendant owed this amount for goods supplied on credit.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.39,083 along with interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs.39,083 along with interest. The court indicated that the defendant owed this amount for goods supplied on credit.
Why Plaintiff Won:
The plaintiff established that the defendant owed Rs.39,083 based on the evidence presented.
Losing Side's Weaknesses:
The plaintiff established that the defendant owed Rs.39,083 based on the evidence presented.
Supporting Evidence
The court is satisfied that plaintiff has established that defendant owes Rs.39,083 to plaintiff.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.39,083 (Rupees Thirty nine thousand, eighty three only) along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Anitha R
Party Age
53
Relation
W/o
Party Role
Defendant
Party Name
Dath Enterprises
Relation
represented by
Plaintiffs Documents
Statement of running account maintained by the plaintiff for the financial years 2013-2014, 2014-2015, 2015-2016, Copy of lawyer notice issued to the defendant, Acknowledgment card signed by the defendant.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K B Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V A Sebastine
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
B Sabitha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joseph Shylan T M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arsha K J
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Defendant shall pay Rs.39,083/- along with interest.
Evidence:
On an overall appreciation of the facts and evidence of the case, this court is satisfied that plaintiff has succeeded in establishing the case and is entitled to realize an amount of Rs.39,083/- with interest from defendant.
Relief Type: Damages
Outcome: Granted
Description:
Interest at the rate of 12% from the date of suit till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type: Damages
Outcome: Granted
Description:
Interest at the rate of 6% from the date of decree till payment.
Evidence:
And 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Statement of running account
Submitted By: Plaintiff
Relevance:
These documents are statements of accounts maintained by the plaintiff for the defendant, showing the financial transactions between them.
Reference:
Ext.A1, Ext.A2, Ext.A3
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is a lawyer notice issued to the defendant regarding the due payments.
Reference:
Ext.A4
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
This document is an acknowledgment card signed by the defendant, indicating receipt of the lawyer notice.
Reference:
Ext.A5
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The plaintiff provided oral evidence in support of their case.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Anitha R vs Dath Enterprises regarding realization of money.
Case Code Year
Case between Anitha R vs Dath Enterprises regarding realization of money.

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 02/01/2019 - 12:00
Case Closed
Fri, 10/04/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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