Case Summary
Associated Rubber Chemicals (Kochi) Pvt Ltd is suing M/s Malabar Paints & Colours Pvt Ltd and its Managing Director, Biju K Varghese, for failure to pay for goods purchased on credit. The defendants did not respond to demands for payment, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay an amount of 58,292/- with 12% interest per annum from 23/4/2024 till the date of suit and post decretal interest @ 8.5% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants failed to appear and respond to payment demands.
The defendants failed to appear and respond to payment demands.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 58,292/- (Rupees Fifty-Eight Thousand Two Hundred and Ninety-Two only), with 12% interest per annum from 23/4/2024 till the date of suit and at the rate of 12% per annum from the date of the suit till the date of decree.
Parties Involved
Plaintiffs
Associated Rubber Chemicals (Kochi) Pvt Ltd (Age not specified years)
34/1397-A, Assochem Chambers, N H – 47, Bypass, Edappally North village, Kanayannoor taluk, Ernakulam, Cochin – 682 024, Kerala
Defendants
M/s Malabar Paints & Colours Pvt Ltd (Age not specified years)
Industrial Area, Aroor, Alleppey District, Pin – 688 534
Biju K Varghese (Age not specified years)
Karungal House, Chaippankuzhi P.O, Chalakkudi, Pin – 680 724
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the amount due along with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of 58,292/- (Rupees Fifty-Eight Thousand Two Hundred and Ninety-Two only), with 12% interest per annum from 23/4/2024 till the date of suit and at the rate of 12% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to the costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Authorizes K.N.Balachandran to sign vakalath and conduct the case on behalf of the plaintiff.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Office copy of the invoice related to the transaction.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice sent to the defendant regarding payment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A4
Document Type:
Postal A/d Cards
Submitted By:
Plaintiff
Relevance:
Proof of delivery for the lawyer notice.
Reference:
Ext.A5
Document Type:
Certificate under Section 65 B
Submitted By:
Plaintiff
Relevance:
Certifies the admissibility of electronic documents.
Reference:
Ext.A6