Case Summary
Anoop C Abraham, the plaintiff, is a proprietor of Super Tyres who sold tyres to the defendant, Shiju Kuriakose @ Sam, on credit. The defendant defaulted on payments totaling Rs.1,63,480, necessitating this lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs.1,63,480 with interest at 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs.1,63,480 with interest. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff was not rebutted.
The evidence presented by the plaintiff was not rebutted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. It is ordered that the defendant to pay to the plaintiff the sum of 1,63,480/- (Rupees One lakh sixty three thousand four hundred and eighty only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anoop C Abraham
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shiju Kuriakose @ Sam
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of License, Copy of Ledger account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunish G Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay to the plaintiff the sum of Rs.1,63,480/- with interest.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of 1,63,480/- (Rupees One lakh sixty three thousand four hundred and eighty only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Copy of License
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's business credentials.
Reference:
Ext.A1
Document Type:
Copy of ledger Account
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions and the due amount owed by the defendant.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Anoop C Abraham vs Shiju Kuriakose @ Sam regarding loss and realisation of excess money due to the defendant.
Case Code Year
Case between Anoop C Abraham vs Shiju Kuriakose @ Sam regarding loss and realisation of excess money due to the defendant.