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O.S No. 274/2021

Case between Ashok Kumar M Jain vs Family Medicals et al regarding realisation of money.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-09-30
Duration
approximately-5 years 4 months 16 days
Case Closed
Mon, 09/30/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Ashok Kumar M Jain, is the proprietor of Mohan Drug House, which is engaged in wholesale distribution of drugs. He is suing the defendants, who are his customers, for an outstanding liability of ₹1,70,846 related to various purchases made between May 14, 2019, and October 31, 2019.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay an amount of ₹1,70,846 with interest at 6% per annum until realization. The court also granted costs to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay ₹1,70,846 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay an amount of ₹1,70,846 with interest at 6% per annum until realization. The court also granted costs to the plaintiff.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of ₹1,70,846 with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ashok Kumar M Jain
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Family Medicals
Relation
Represented by
Party Role
Defendant
Party Name
Mini George
Party Role
Defendant
Party Name
Shibu Thomas
Plaintiffs Documents
GST Invoices dated 14.05.2019, 20.05.2019, 31.05.2019, 10.07.2019, 28.08.2019, 30.09.2019, 31.10.2019, Certificate under section 65 B of Indian Evidence Act.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
K.R Vinod
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.S Latha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sree Rekha K.S
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Aswin Venugopal
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Kurian Maxi
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sreegeetha K.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sain Paul Alunkal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P. R Shibu
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay the plaintiff an amount of ₹1,70,846 with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 1,70,846/- (Rupees one lakh seventy thousand eight hundred and forty six only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or their assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: GST Invoice
Submitted By: Plaintiff
Relevance:
These invoices were presented as evidence to support the plaintiff's claim of outstanding payments.
Reference:
Ext.A1 series
Document Type: Certificate under section 65 B of Indian Evidence Act
Submitted By: Plaintiff
Relevance:
This certificate was used to authenticate the electronic records submitted as evidence.
Reference:
Ext.A2

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Ashok Kumar M Jain vs Family Medicals et al regarding realisation of money.
Case Code Year
Case between Ashok Kumar M Jain vs Family Medicals et al regarding realisation of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 05/14/2019 - 12:00
Case Closed
Mon, 09/30/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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