Case Summary
The plaintiff, Mekha Johnson, is seeking payment of an outstanding amount from the defendant, Devaji Rajendra Rao, for stationery items purchased under a running account. Despite issuing notices, the defendant has not made the payments due, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay to the plaintiff an amount of 85,873/- with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence tendered by the plaintiff remains uncontested and unrebutted.
The evidence tendered by the plaintiff remains uncontested and unrebutted.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff, an amount of 85,873/- with interest at the rate of 9% per annum from the date of institution of the suit, till date of decree and thereafter with interest at the rate of 6% per annum on the principal amount till the date of realisation from the defendant or from assets of defendant.
Parties Involved
Plaintiffs
Mekha Johnson (48 years years)
39/563 B, Cooreparambil Lane, Monastery Road, Near South Railway Station, Ernakulam, Kerala 682 011
Defendants
Devaji Rajendra Rao (47 years years)
C/o. Vilasini Gopinathan, Valiyaveettil House, 45/2331, Kulathungal Bava Road, Kuthappady, Thammanam P.O, Kochi 682 032
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of 85,873/- from the defendant.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 85,873/- with interest at the rate of 9% per annum from the date of institution of the suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document evidencing the authority of the plaintiff to file the suit.
Reference:
Ext.A1
Document Type:
Office copy of the Tax invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice related to the sale of stationary items to the defendant.
Reference:
Ext.A2
Document Type:
Office copy of the Tax invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice related to the sale of stationary items to the defendant.
Reference:
Ext.A3
Document Type:
Office copy of the Tax invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice related to the sale of stationary items to the defendant.
Reference:
Ext.A4
Document Type:
Office copy of the Tax invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice related to the sale of stationary items to the defendant.
Reference:
Ext.A5
Document Type:
Office copy of the Tax invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice related to the sale of stationary items to the defendant.
Reference:
Ext.A6
Document Type:
Computer print out of the Statement of account
Submitted By:
Plaintiff
Relevance:
Statement of account showing the outstanding amount due from the defendant.
Reference:
Ext.A7
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant for repayment of the outstanding amount.
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Envelope indicating the lawyer notice was returned unserved.
Reference:
Ext.A9
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Envelope indicating the lawyer notice was returned unserved.
Reference:
Ext.A9(a)