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O.S. No.484/2023

Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd. vs Siya Rubbers regarding realization of money

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-04-09
Duration
approximately-1 year 4 months

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The plaintiff established a valid claim supported by unchallenged evidence regarding the outstanding debt.

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

Plaintiffs

Associated Rubber Chemicals (Kochi) Pvt. Ltd. (Age not specified years) 34/1397-A, Assochem Chambers, NH -47, Bypass, Edappally North Village, Kanayanoor Taluk, Ernakulam, Cochin – 682 024, Kerala

Defendants

Siya Rubbers (Age not specified years) HG 3H+27F, Industrial Development Plot, Poovanthuruthu, Kottayam, Pin – 686 012 Sibu Kochupruackal (55 years) Cherurelipady, Kurichy, Kottayam, Pin – 686 532

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

Quick Facts

Location
Ernakulam
Case Filed
Fri, 01/27/2023 - 12:00
Outcome Confidence
100%

Involved Entities

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