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
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.
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
Plaintiffs
Deck & Boot Co. of India (Age not specified years)
St. George Building, Church Landing Cross Road, Pallimukku, Cochin – 16
K. Venugopalan Nair (73 years)
Kavungal House, Alankode PO, Malappuram District
Sumesh Mullappally (37 years)
Indu Nivas, Alankode PO, Malappuram District
Defendants
Syamlal K. C (Age not specified years)
Koloth Madam, Panaveli P O, Cherthala, Alleppey-688526
Vijayalakshmi (Age not specified years)
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: