Case Summary
The plaintiff, Kizhakkethil Steel Rolling Mill, has sued The Director of Metro Aggregates and Sand India Pvt Ltd for outstanding payments due from a business relationship. The defendant failed to appear in court, leading to a default judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹7,30,255 with interest at 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff ₹7,30,255 along with interest and costs. The suit was decreed in favor of the plaintiff as the defendant did not present any evidence to rebut the claims.
Why Plaintiff Won:
The evidence produced by the plaintiff was sufficient to establish the claim without any rebuttal from the defendant.
The evidence produced by the plaintiff was sufficient to establish the claim without any rebuttal from the defendant.
Losing Side's Weaknesses:
The evidence produced by the plaintiff was sufficient to establish the claim without any rebuttal from the defendant.
The evidence produced by the plaintiff was sufficient to establish the claim without any rebuttal from the defendant.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of ₹7,30,255/- (Rupees Seven Lakh Thirty Thousand Two Hundred and Fifty Five only) with interest thereon at the rate of 6% per annum for the principal amount of ₹7,08,985/- (Rupees Seven Lakh Eight Thousand Nine Hundred and Eighty Five only) from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kizhakkethil Steel Rolling Mill
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Director, Metro Aggregates and Sand India Pvt Ltd
Plaintiffs Documents
Copy of the Power of Attorney, Ledger Accounts, Email, Lawyer's Notice, Returned cover with A/D Card, Paper publication.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.A. Rabeex
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reni Baby
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anakha Santhosh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adithya Benzeer
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riswan T. Nazer
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Treesa Sony Thoppil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹7,30,255/- from the defendant.
Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of ₹7,30,255/-...
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of institution of the suit till the date of realization.
Evidence:
with interest thereon at the rate of 6% per annum for the principal amount...
Relief Type:
Costs
Outcome:
Granted
Description:
Costs to be recovered from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing the authority of the power of attorney holder of the plaintiff.
Reference:
Ext.A1
Document Type:
Ledger Accounts
Submitted By:
Plaintiff
Relevance:
Document detailing the financial transactions between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Ledger Accounts
Submitted By:
Plaintiff
Relevance:
Document detailing the financial transactions for the period of 01.04.2023 to 31.03.2024.
Reference:
Ext.A2(a)
Document Type:
Ledger Accounts
Submitted By:
Plaintiff
Relevance:
Document detailing the financial transactions from 01.04.2024 to 20.06.2024.
Reference:
Ext.A2(b)
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Document certifying transactions under section 63 (4) (c) of the Bharathiya Sakshya Adhiniyam 2023.
Reference:
Ext.A2(c)
Document Type:
Copy of e-mail
Submitted By:
Plaintiff
Relevance:
Document involving communication relevant to the case.
Reference:
Ext.A3
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Document notifying the defendant of the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Returned cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Document serving as proof of delivery to the defendant.
Reference:
Ext.A5
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
Document demonstrating proper publication regarding the suit.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Kizhakkethil Steel Rolling Mill vs The Director, Metro Aggregates and Sand India Pvt Ltd regarding realization of money.
Case Code Year
Case between Kizhakkethil Steel Rolling Mill vs The Director, Metro Aggregates and Sand India Pvt Ltd regarding realization of money.