Case Summary
The plaintiffs are a partnership firm and its partners who are engaged in the wholesale distribution of various materials. The defendant is a painting contractor who failed to pay for materials purchased on credit, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled to realize Rs.44,547/- and interest from the defendant's assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit and granted the plaintiffs the amount they were owed along with applicable interest. The plaintiffs were also allowed to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The plaintiffs established their case with unrebutted testimony and evidence, which the defendant failed to contest adequately.
The plaintiffs established their case with unrebutted testimony and evidence, which the defendant failed to contest adequately.
Losing Side's Weaknesses:
The plaintiffs established their case with unrebutted testimony and evidence, which the defendant failed to contest adequately.
The plaintiffs established their case with unrebutted testimony and evidence, which the defendant failed to contest adequately.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established their case as pleaded by them.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiffs are entitled to realize Rs.44,547/- (Rupees forty four thousand five hundred and forty seven only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Deck & Boot Co. of India
- Party Role
- Plaintiff
- Party Name
- K. Venugopalan Nair
- Party Age
- 73
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sumesh Mullappally
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Syamlal K. C
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayalakshmi
Plaintiffs Documents
Original of the cheque bearing No.476776 dated 17.05.2019, Original of the dishonor memo dated 18.05.2019, Office copy of the demand notice dated 29.05.2019.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreejith S. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu Satheesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs entitled to realize Rs.44,547/- from the defendant.
Evidence:
The plaintiffs are entitled to realize Rs.44,547/- (Rupees forty four thousand five hundred and forty seven only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiffs entitled to realize interest @ 12% per annum from the date of suit till date of decree.
Evidence:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.44,547/- (Rupees forty four thousand five hundred and forty seven only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiffs entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.44,547/- (Rupees forty four thousand five hundred and forty seven only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs entitled to realize costs of the suit.
Evidence:
The plaintiffs are entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original of the cheque bearing No. 476776 dated 17.05.2019 for Rs. 44,547/-.
Reference:
Ext.A1
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Original of the dishonor memo dated 18.05.2019.
Reference:
Ext.A2
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Copy of the demand notice dated 29.05.2019 along with original postal receipt.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The unrebutted oral testimony of PW1 established their case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Deck & Boot Co. of India, K. Venugopalan Nair, Sumesh Mullappally vs Syamlal K. C regarding Suit For Realization Of Money
Case Code Year
Case between Deck & Boot Co. of India, K. Venugopalan Nair, Sumesh Mullappally vs Syamlal K. C regarding Suit For Realization Of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act