Case Summary
Binda Karnan Pvt. Ltd. filed a suit against Chellayil Udhesan for the recovery of a debt of ₹47,000 related to goods purchased on credit. The defendant failed to make payment despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is hereby directed to pay the amount of Rs. 41,433/- along with 9% per annum as interest 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, directing the defendant to pay ₹41,433 along with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff was unchallenged and proved the defendant's liability.
The evidence adduced by the plaintiff was unchallenged and proved the defendant's liability.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff was unchallenged and proved the defendant's liability.
The evidence adduced by the plaintiff was unchallenged and proved the defendant's liability.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A6 stands unchallenged. The evidence adduced by plaintiff proves the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby directed to pay the amount of Rs. 41,433/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binda Karnan Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Renjith Gopinath
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chellayil Udhesan
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Udhesan
- Relation
- Represented by
Plaintiffs Documents
Copy of board resolution dated 26/03/2023, Tax invoice dated 13/11/2024, Ledge account from 1/04/2024 till 31/03/2025, Office copy of the lawyer notice dated 18/03/2025, Postal A/d card dated 21/03/2025, Postal receipt dated 18/03/2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manju Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the outstanding amount to the plaintiff.
Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby directed to pay the amount of Rs. 41,433/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Documents & Evidence
Document Type:
Copy of board resolution
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's authority to sue and shows the resolutions taken by the company.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documents the sale of goods and the payment terms agreed upon by the defendant.
Reference:
Ext.A2
Document Type:
Ledge account
Submitted By:
Plaintiff
Relevance:
Provides a record of transactions between the plaintiff and defendant, supporting the claim of outstanding payment.
Reference:
Ext.A3
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Demonstrates attempts made to recover the debt prior to filing the suit.
Reference:
Ext.A4
Document Type:
Postal card (A/d card)
Submitted By:
Plaintiff
Relevance:
Evidence of communication sent regarding the outstanding payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of communication related to the claim.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
OS.
Case Code Year
2025