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O.S. No. 934/2024

Case between Lini Joseph vs M/s. Cauvery Buildtech regarding realization of money

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2025-03-12
Duration
approximately-1 year 9 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The plaintiff's claim was established through unrebutted testimony and documentation.

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

Plaintiffs

Lini Joseph (45 years years) Villa No. 26, Star Enclave, Chembokadavu Road, Edapally Toll, Kanayannur Taluk Kochi - 682 024

Defendants

M/s. Cauvery Buildtech (Age not specified years) 32/726-37/391, Manath Tower, South Kalamassery, Kanayannur Taluk Kochi 682 033

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

Quick Facts

Location
Ernakulam
Case Filed
Thu, 01/18/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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