Case Summary
The plaintiffs, a partnership firm, filed a suit against the defendants, who are a construction company and its director, for realization of money and enforcement of a Sales Partner Agreement. The plaintiffs alleged that the defendants violated the agreement by appointing other sales partners and not sharing profits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from appointing new sale partners until settlement of account of the plaintiff as per agreement.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendants from appointing new sales partners until the settlement of accounts as per the agreement.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
By producing Exts.A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed as follows: (i) Defendants are restrained from appointing new sale partners until settlement of account of the plaintiff as per agreement. (ii) The plaintiff is entitled to realise the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Max Oriyon
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- George John Tharakan
- Party Age
- 46
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- V-ONE Plaza
- Party Role
- Defendant
- Party Name
- Finas Naha
Plaintiffs Documents
Ext.A1 is the memorandum agreement regarding Build Next Premium Sales Partner Program, Ext.A2 is the copy of Tax Invoice, Ext.A3 is the copy of E-mail sent by the defendant to plaintiff, Ext.A4 is the copy of reply notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayachandran.N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Mathew Therezhath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from appointing new sale partners until settlement of account of the plaintiff as per agreement.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Memorandum Agreement
Submitted By:
Plaintiff
Relevance:
Agreement regarding Build Next Premium Sales Partner Program between BuildNext Construction Solutions Private Limited and Maxx Orion dated 14/01/2019.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Copy of Tax Invoice dated 29/03/2019.
Reference:
Ext.A2
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Copy of Email sent by the defendant to plaintiff dated 01/11/2020.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice dated 10/11/2020.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Max Oriyon et al vs V-ONE Plaza et al regarding permanent prohibitory injunction.
Case Code Year
Case between Max Oriyon et al vs V-ONE Plaza et al regarding permanent prohibitory injunction.