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O.S. No. 36/2023

Case between Gordian Fibrenamics et al vs Suresh Engineering Works regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-04
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Gordian Fibrenamics and its managing partners are suing Suresh Engineering Works for failing to complete a contract for installing coir fibre making machines. The plaintiffs claim to have suffered losses due to the defendant's neglect and demand payment for the remaining balance as per the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, directing the defendant to pay ₹2,40,000 with interest for failing to fulfill the contractual obligations. This decision was based on the uncontested evidence provided by the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
₹2,40,000 with interest at 6% per annum from the date of institution of the suit
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided uncontested evidence proving their entitlement to the claimed amount.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 2,40,000/- (Rupees two lakhs forty thousand only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.

Parties Involved

Plaintiffs

Asif (33 years years) Pazhagattu House, Peringala, Ernakulam District – 683 565 Basheer (60 years years) Pazhagattu House, Peringala, Ernakulam District – 683 565 Gordian Fibrenamics (Age not specified years) Door No. 17/26, 1st Floor, A.N.U Shopping Complex, Kozhinijampara, Chittur, Palakkad – 678 555

Defendants

Suresh Engineering Works (Age not specified years) Kalathiparambil Road, Cochin – 682016

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay to the plaintiff an amount of 2,40,000/- with interest.
Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 2,40,000/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Original of the Agreement between the plaintiffs and the defendant concerning the installation of coir fiber making machines.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of the lawyer notice sent to the defendant to complete the remaining works as per the agreement.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv. Commissioner Stalin James M.
Reference:
Ext.C1
Document Type: Valuation Report
Submitted By: Court
Relevance:
Valuation Report concerning the costs necessary to complete the work as per the agreement.
Reference:
Ext.C1(a)

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

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