Case Summary
The plaintiff, Associated Rubber Chemicals (Kochi) Pvt. Ltd., is seeking to recover a sum of Rs.4,34,570 from the defendants, Siya Rubbers and its proprietor, Sibu Kochupurackal, for unpaid commodities purchased on credit. Despite acknowledging the debt, the defendants failed to make payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.4,34,570 along with interest at 12% per annum on the principal amount from the date of suit till the date of decree
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest. The defendants were also held liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff established a valid claim supported by unchallenged evidence regarding the outstanding debt.
The plaintiff established a valid claim supported by unchallenged evidence regarding the outstanding debt.
Losing Side's Weaknesses:
The plaintiff established a valid claim supported by unchallenged evidence regarding the outstanding debt.
The plaintiff established a valid claim supported by unchallenged evidence regarding the outstanding debt.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,34,570 with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.4,34,570 along with interest @12% on the principal amount from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Associated Rubber Chemicals (Kochi) Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Siya Rubbers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sibu Kochupruackal
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Board of Resolution, Office copy of Invoice No. F263/2021-22, Office copy of invoice No. F308/2021-22, Office copy of the lawyer notice, Postal receipt, Postal acknowledgement card, Reply Notice issued by the Siya Rubbers
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
- Party Role
- Defendant
- Advocate Name
- M.P. Madhavankutty
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Devassi
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.4,34,570 along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,34,570 along with interest @12% on the principal amount of Rs.3,65,048 from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Office copy of Invoice
Submitted By:
Plaintiff
Relevance:
Used to substantiate the sale and outstanding amount.
Reference:
Ext.A2
Document Type:
Office copy of Invoice
Submitted By:
Plaintiff
Relevance:
Used to substantiate the sale and outstanding amount.
Reference:
Ext.A3
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
To show that notice of demand was issued to the defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice.
Reference:
Ext.A5
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
To confirm receipt of the notice by the defendant.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Defendant acknowledged the liability in this document.
Reference:
Ext.A7
Document Type:
Board of Resolution
Submitted By:
Plaintiff
Relevance:
Authorizes Mr. K.N. Balachandran to sign and conduct the case.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd. vs Siya Rubbers regarding realization of money
Case Code Year
Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd. vs Siya Rubbers regarding realization of money