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
The court decreed in favor of the plaintiffs, ordering the defendants to pay an amount of Rs.4,25,770/- along with interest. The defendants were held liable for the debt and costs associated with the suit.
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.
Losing Side's Weaknesses:
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.
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.4,25,770/-.
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
Parties
- Party Role
- Plaintiff
- Party Name
- KARE Chemicals
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Arun Kumar
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Xoplus Cleaning Solution
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Noushad Kinalur
- Relation
- Manager
Plaintiffs Documents
Tax receipts and invoices dated 12.09.2020, 24.08.2020, 14.09.2020, 17.09.2020, 19.10.2020, 28.10.2020, GST Registration certificate, lawyer's notice, postal receipt, acknowledgment card, partnership deed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lijin Thamban
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G S Krishnan Kartha
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between KARE Chemicals, Arun Kumar vs Xoplus Cleaning Solution, Noushad Kinalur regarding realization of money.
Case Code Year
Case between KARE Chemicals, Arun Kumar vs Xoplus Cleaning Solution, Noushad Kinalur regarding realization of money.