Case Summary
This case involves a monetary dispute between Bajaj Electricals Limited and Viswas Marketting Agencies. The plaintiff seeks to recover an outstanding amount for goods delivered on credit which the defendant has failed to pay.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to substantiate the claims regarding the liability of the defendant.
The plaintiff failed to substantiate the claims regarding the liability of the defendant.
Judgment Evidence:
Thus, the suit is dismissed.
Parties Involved
Plaintiffs
Bajaj Electricals Limited Branch Office (Age not specified years)
CRL House, 42,1107, Tata Oil Mills Road, Cochin – 692 018
Defendants
Viswas Marketting Agencies (Age not specified years)
Room no. 1679 B, A.K.Puduval Memorial Building, New Bazar, Thaliparamba, Kannur District, Pin – 670 141
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought to recover an outstanding amount of ₹5,70,036/- from the defendant.
Evidence:
Thus, the plaintiff has failed to substantiate the plaint averments regarding the transactions that existed between the plaintiff and the defendant and also the liability of the defendant towards the plaintiff.
Relief Type:
Interest
Outcome:
Refused
Description:
Plaintiff claimed interest at the rate of 12% per annum on the outstanding amount.
Evidence:
In light of the finding in Issue Nos. 1 and 2, issue No.3 is only liable to be found against the plaintiff since no question of interest arises.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing the authority of the Power of Attorney holder for the plaintiff company.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoices related to the goods delivered to the defendant, marked subject to proof.
Reference:
Ext.A2 to A11
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Document evidencing the legal notice issued to the defendant regarding outstanding dues.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document acknowledging the receipt of the legal notice by the defendant.
Reference:
Ext.A13