Case Summary
The plaintiff, ASM Marketing Ltd., has filed a suit against the defendant, M V George, for recovery of an outstanding amount for printing materials supplied on credit. The defendant contends that he has made payments that were not properly credited, resulting in a counterclaim for an excess amount paid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,82,779/- with interest at 6% per annum from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs. 1,82,779/- plus interest and costs, while the defendant's counterclaim was dismissed.
Why Plaintiff Won:
The plaintiff maintained accurate business records and provided sufficient evidence of the amount due.
The plaintiff maintained accurate business records and provided sufficient evidence of the amount due.
Losing Side's Weaknesses:
The plaintiff maintained accurate business records and provided sufficient evidence of the amount due.
The plaintiff maintained accurate business records and provided sufficient evidence of the amount due.
Supporting Evidence
The ledgers Ext.A6 to A9 are maintained in the usual course of business and are explained by PW1. Their continuity and internal consistency support authenticity. Thus under section 34 Evidence Act, these entries stand accepted.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to recover from the defendant a sum of 1,82,779/-(Rupees One Lakh Eighty-Two Thousand Seven Hundred and Seventy-Nine only). 2. The plaintiff shall also be entitled to interest at the rate of 6% per annum on the above amount from the date of the suit until realization. 3. The defendant shall pay the costs of the suit to the plaintiff. 4. The counterclaim filed by the defendant for 6,794/- is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ASM Marketing Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M V George
- Party Age
- 60
Plaintiffs Documents
Certified copy of the board resolution of ASM marketing Pvt. Ltd, Tax invoice No.KL16-108206, lawyer's notice dated 08-03-2019.
Defendants Documents
General ledger of ASM marketing Pvt Ltd for the period 01.04.2016 to 31.05.2018, Receipt for the cash payment of Rs. 1,00,000/-
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Karjet
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Itty T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover from the defendant a sum of Rs.1,82,779/-.
Evidence:
The plaintiff is entitled to recover from the defendant a sum of 1,82,779/-(Rupees One Lakh Eighty-Two Thousand Seven Hundred and Seventy-Nine only).
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum on the awarded amount from the date of the suit until realization.
Evidence:
The plaintiff shall also be entitled to interest at the rate of 6% per annum on the above amount from the date of the suit until realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
The defendant shall pay the costs of the suit to the plaintiff.
Relief Type:
Counter Claim
Outcome:
Rejected
Description:
The counterclaim filed by the defendant for Rs.6,794/- is dismissed.
Evidence:
The counterclaim filed by the defendant for 6,794/- is dismissed with costs.
Documents & Evidence
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
Certified copy of the board resolution of ASM Marketing Pvt. Ltd.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Copy of the tax invoice No.KL16-108206 for materials supplied.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer's notice.
Reference:
Ext.A4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgement card regarding delivery of the lawyer's notice.
Reference:
Ext.A5
Document Type:
General Ledger
Submitted By:
Plaintiff
Relevance:
General ledger of MRC certifying outstanding payment.
Reference:
Ext.A6
Document Type:
General Ledger
Submitted By:
Plaintiff
Relevance:
General ledger of George certifying transactions.
Reference:
Ext.A7
Document Type:
General Ledger
Submitted By:
Plaintiff
Relevance:
General ledger of Jose certifying transactions.
Reference:
Ext.A8
Document Type:
General Ledger
Submitted By:
Plaintiff
Relevance:
General ledger of Joju Mulanthuruthy certifying transactions.
Reference:
Ext.A9
Document Type:
General Ledger
Submitted By:
Defendant
Relevance:
General ledger of ASM marketing Pvt Ltd for the period 01.04.2016 to 31.05.2018.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt for the cash payment of Rs.1,00,000/-.
Reference:
Ext.B2
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Statement account for the period 01.04.2012 to 31.03.2019 of MRC at Federal Bank, Piravom Branch.
Reference:
Ext.X1
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimonies provided by witnesses PW1, PW2, and DW1 on the transactions and claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between ASM Marketing Ltd. vs M V George regarding realisation of money.
Case Code Year
Case between ASM Marketing Ltd. vs M V George regarding realisation of money.