Case Summary
Lini Joseph, the plaintiff, is seeking payment from M/s. Cauvery Buildtech for unpaid dues related to an air conditioning installation contract. The defendant failed to make the full payment despite receiving legal notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.5,21,562/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs.5,21,562/- along with interest and costs. The defendant had not contested the claim.
Why Plaintiff Won:
The plaintiff's claim was established through unrebutted testimony and documentation.
The plaintiff's claim was established through unrebutted testimony and documentation.
Losing Side's Weaknesses:
The plaintiff's claim was established through unrebutted testimony and documentation.
The plaintiff's claim was established through unrebutted testimony and documentation.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A4 and oral testimony of PW2 and Ext. A5 to A12 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.5,21,562/- (Rupees Five Lakhs Twenty One Thousand Five Hundred and Sixty Two only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lini Joseph
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Cauvery Buildtech
- Relation
- Represented by
Plaintiffs Documents
Account statement, Legal notice dated 15.07.2024, Postal receipt, Acknowledgment card, Purchase order.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.V. Ashim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Balakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- B. Harrylal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.5,21,562/- from the defendant.
Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.5,21,562/- (Rupees Five Lakhs Twenty One Thousand Five Hundred and Sixty Two only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest @ 12% per annum for Rs.5,21,562/- from the date of suit till date decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.5,21,562/- (Rupees Five Lakhs Twenty One Thousand Five Hundred and Sixty Two only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest @ 6% per annum for Rs.5,21,562/- from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.5,21,562/- (Rupees Five Lakhs Twenty One Thousand Five Hundred and Sixty Two only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Printout of account statement issued from State Bank of India, rejected due to lack of certification under Section 65B of the Indian Evidence Act.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 15.07.2024, establishing the plaintiff's demand for payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt, accepted and admitted in evidence.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card, accepted and admitted in evidence.
Reference:
Ext.A4
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Printout of purchase order dated 19.01.2019 issued to the defendant, accepted and admitted in evidence.
Reference:
Ext.A5
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Printout of email communication dated 22.01.2019, accepted and admitted in evidence.
Reference:
Ext.A6
Document Type:
Handing Over Report
Submitted By:
Plaintiff
Relevance:
Original of handing over and commissioning report dated 21.03.2019, accepted and admitted in evidence.
Reference:
Ext.A7
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Printout of email communication dated 04.01.2021, accepted and admitted in evidence.
Reference:
Ext.A8
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Printout of email communication dated 05.02.2021, accepted and admitted in evidence.
Reference:
Ext.A9
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Printout of email communication dated 09.03.2021, accepted and admitted in evidence.
Reference:
Ext.A10
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Printout of email communication dated 29.07.2023, accepted and admitted in evidence.
Reference:
Ext.A11
Document Type:
Certification of Exhibits
Submitted By:
Plaintiff
Relevance:
Certification of Ext.A5, A6, A8 to A11, accepted and admitted in evidence.
Reference:
Ext.A12
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 Lini Joseph vs M/s. Cauvery Buildtech regarding realization of money
Case Code Year
Case between Lini Joseph vs M/s. Cauvery Buildtech regarding realization of money