Case Summary
The plaintiff, Epsilon Diagnostics, seeks to recover Rs. 79,291 along with interest from the defendant, Balasubramanian, who failed to pay for goods purchased on credit. The case involves issues of outstanding payments and interest as per the MSME Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.79,291/- along with interest @ 12% per annum from the date of suit till date of payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay Rs. 79,291 along with interest at 12% per annum from the date of the suit until payment or realization. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiff established a case for recovery of the money due, supported by evidence including invoices and delivery proofs.
The plaintiff established a case for recovery of the money due, supported by evidence including invoices and delivery proofs.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of the money due, supported by evidence including invoices and delivery proofs.
The plaintiff established a case for recovery of the money due, supported by evidence including invoices and delivery proofs.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.79,291/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.79,291/- (Rupees Seventy nine thousand two hundred and ninety one only) along with interest @ 12% per annum from the date of suit till date of payment or realization...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Epsilon Diagnostics
- Relation
- represented by its Managing Partner, Jithesh M.
- Party Role
- Defendant
- Party Name
- Balasubramanian
- Relation
- Proprietor, Diagno Care
Plaintiffs Documents
Notarized copy of registration certificate issued under MSME Act, Extract of ledger account, Office copies of invoices, Screenshots of purchase orders, Proof of delivery obtained from carriers, Office copy of notice sent by email.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dr. Annies George
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.79,291/- along with interest.
Evidence:
Defendant shall pay Rs.79,291/- (Rupees Seventy nine thousand two hundred and ninety one only) along with interest @ 12% per annum from the date of suit till date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant's assets liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Notarized copy of registration certificate issued under MSME Act
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's registration under MSME Act.
Reference:
Ext.A1
Document Type:
Extract of ledger account maintained by the plaintiff
Submitted By:
Plaintiff
Relevance:
Demonstrates the amount due from the defendant.
Reference:
Ext.A2
Document Type:
Office copies of invoices
Submitted By:
Plaintiff
Relevance:
Shows the basis of the claim with evidence of transactions.
Reference:
Ext.A3 series
Document Type:
Screen shots of purchase orders
Submitted By:
Plaintiff
Relevance:
Provides proof of orders made by the defendant.
Reference:
Ext.A4
Document Type:
Copies of proof of delivery
Submitted By:
Plaintiff
Relevance:
Confirms the delivery of goods to the defendant.
Reference:
Ext.A5
Document Type:
Office copy of the notice sent by e-mail
Submitted By:
Plaintiff
Relevance:
Establishes a formal demand for payment.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Epsilon Diagnostics vs Balasubramanian regarding realization of money
Case Code Year
Case between Epsilon Diagnostics vs Balasubramanian regarding realization of money