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O.S. No.1139/2023

Case between Global Paints vs Shihab V.A. regarding realization of money.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-10-17
Duration
approximately-1 year 5 days

Judgement document from eCourt website

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Case Summary

Global Paints and its partners filed a suit against Shihab V.A. for the recovery of a monetary amount of Rs. 75,848 due for goods purchased. The suit arose from unfulfilled payment obligations by the defendant despite previous agreements.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiffs, allowing them to recover Rs.75,848 from the defendant. In addition, the plaintiffs were granted interest on the amount from the date of the suit until realization.
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to realize Rs.75,848 from the defendant and interest at rates of 12% and 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established their claim through unrebutted testimonies and evidence submitted.

Judgment Evidence:

In the result, suit is decreed as follows. 1. The plaintiffs are entitled to realize Rs.75,848 from the defendant and from his assets.

Parties Involved

Plaintiffs

C.K. Prabha (60 years) Flat No. 14D, Tower of Faith Thrikkakara P.O., Vallathol Junction Kakkanad, Ernakulam, PIN-682 021 Mary Margaret Shylane (53 years) Flat No. 14D, Tower of Faith Thrikkakara P.O., Vallathol Junction Kakkanad, Ernakulam, PIN-682 021 Global Paints (Age not specified years) 4/109-1, Seaport Airport Road Thrikkakara P.O., Vallathol Junction. Kakkanad, Ernakulam, PIN-682 021

Defendants

Shihab V.A. (38 years) Veluthedath House, Karippassery Mugal, Thrikkakara North, Thrikkakara P.O., Ernakkulam-682021.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize Rs.75,848 from the defendant and from his assets.
Evidence:
The plaintiffs are entitled to realize Rs.75,848 (Rupees seventy five thousand eight hundred and forty eight only) from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.75,848 from the date of suit till date of decree from the defendant.
Evidence:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.75,848 (Rupees seventy five thousand eight hundred and forty eight only) from the date of suit till date of decree from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.75,848 from the date of decree till date of realization from the defendant.
Evidence:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.75,848 (Rupees seventy five thousand eight hundred and forty eight only) from the date of decree till date of realization from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiffs are entitled to realize costs of the suit from defendant and from his assets.

Documents & Evidence

Document Type: Original invoice
Submitted By: Plaintiff
Relevance:
The original invoice during the period 20.10.2022 to 04.03.2023 to show goods purchased by the defendant.
Reference:
Ext.A2
Document Type: Certified copy of ledger account
Submitted By: Plaintiff
Relevance:
The certified copy of the ledger account of the defendant maintained by the plaintiff for the period from 01.04.2022 to 31.03.2023.
Reference:
Ext.A3
Document Type: Certified copy of ledger account
Submitted By: Plaintiff
Relevance:
The certified copy of the ledger account of the defendant maintained by the plaintiff from 01.04.2023 to 23.11.2023.
Reference:
Ext.A4
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The unrebutted oral testimonies of PW1.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Thu, 10/19/2023 - 12:00
Outcome Confidence
90%

Involved Entities

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