Case Summary
The plaintiffs, KARE Chemicals and Arun Kumar, are seeking payment for materials supplied to the defendants, Xoplus Cleaning Solution and Noushad Kinalur, who failed to pay the full invoice amounts. Despite repeated demands, the defendants did not make the payment, leading to the filing of this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.4,25,770/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established that the defendants failed to pay for the materials supplied despite multiple demands.
The plaintiffs established that the defendants failed to pay for the materials supplied despite multiple demands.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.4,25,770/- (Rupees Four Lakhs twenty five thousand seven hundred and seventy only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiffs.
Parties Involved
Plaintiffs
KARE Chemicals (Age not specified years)
Ganapathy Temple Road, Changampuzha Park, Edappally, Cochin- 24
Arun Kumar (36 years)
Ganapathy Temple Road, Changampuzha Park, Edappally, Cochin- 24
Defendants
Xoplus Cleaning Solution (Age not specified years)
Chevath Kandy, Eramangalam P O, Balussery, Kozhikode District, Pin – 673 612
Noushad Kinalur (Age not specified years)
Chevath Kandy, Eramangalam P O, Balussery, Kozhikode District, Pin – 673 612
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs sought to recover the outstanding amount due from the defendants.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,25,770/- (Rupees Four Lakhs twenty five thousand seven hundred and seventy only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs claimed costs of the suit.
Evidence:
Plaintiffs are also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Invoices representing the materials supplied by the plaintiffs to the defendant.
Reference:
Ext.A1 to A6
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
Certificate evidencing the GST registration of the first defendant.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the outstanding payments.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the lawyer's notice.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card confirming receipt of the lawyer's notice by the defendant.
Reference:
Ext.A10
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the partnership of the plaintiffs.
Reference:
Ext.A11