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
The suit is decreed in favor of the plaintiff, directing the defendants to pay the amount owed along with interest. If payment is not made, the plaintiff may recover the amount from the defendants' assets.
Why Plaintiff Won:
The defendants failed to appear and respond to payment demands.
The defendants failed to appear and respond to payment demands.
Losing Side's Weaknesses:
The defendants failed to appear and respond to payment demands.
The defendants failed to appear and respond to payment demands.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Associated Rubber Chemicals (Kochi) Pvt Ltd
- Party Role
- Defendant
- Party Name
- M/s Malabar Paints & Colours Pvt Ltd
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Biju K Varghese
Plaintiffs Documents
Resolution authorizing K.N.Balachandran to sign vakalath and conduct the case on behalf of the plaintiff, Office copy of the invoice no. E1614/2023-24, Office copy of the lawyer notice, Postal receipts (2 nos), Postal A/d cards (2 nos), Certificate under Section 65 B of the Indian Evidence Act, 1872.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.O.Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Denny Joseph
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Associated Rubber Chemicals (Kochi) Pvt Ltd vs M/s Malabar Paints & Colours Pvt Ltd et al regarding suit for money.
Case Code Year
Case between Associated Rubber Chemicals (Kochi) Pvt Ltd vs M/s Malabar Paints & Colours Pvt Ltd et al regarding suit for money.