Case Summary
Metricways Tetrogravure Printers Pvt Ltd filed a suit against M/s. Well Mart Retails and its proprietor Sony Thomas for the recovery of Rs. 1,79,081 overdue for flexible laminated printing packing materials supplied on credit. The defendants claimed no amount was due as the supplied goods were defective.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 1,79,081 with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay the overdue amount of Rs. 1,79,081 plus interest. The defendants' claims of defective goods were not substantiated.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of transaction and non-payment.
The plaintiff provided sufficient evidence of transaction and non-payment.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of transaction and non-payment.
The plaintiff provided sufficient evidence of transaction and non-payment.
Supporting Evidence
The plaintiff proved their part and the burden shifts to the defendants shoulder. The defendants have neither produced any documents nor even opted to mount the witness box to give any contra evidence.
Judgment Evidence:
The suit is decreed as follows: The second defendant proprietor is directed to pay an amount of Rs. 1,79,081/- to the plaintiff together with interest at the rate of 10% per annum from the date of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Metricways Tetrogravure Printers Pvt Ltd
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Binu C Mani
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Well Mart Retails
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sony Thomas
- Relation
- Proprietor
Plaintiffs Documents
Original Extract of resolution, Original Excise Invoices, Original Ledger Extract, Legal notice issued to the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M/s. Jerry Sebastian T R and Akhil K Madhav
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M/s. Jacob Chacko, Mathews Joseph, Thomas George and C P Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The second defendant is directed to pay an amount of Rs.1,79,081/- to the plaintiff together with interest.
Evidence:
Thus, all the issues are found in favour of the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest at the rate of 10% per annum on the principal amount from the date of the suit till the date of decree.
Evidence:
The plaintiff is bound to make the payment for the purchase of the materials supplied.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
The main contention raised by the defendants is that the materials supplied were not as per their specifications.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The suit is decreed as follows: The plaintiff is entitled to realize the costs from the defendants.
Documents & Evidence
Document Type:
Original Extract of resolution
Submitted By:
Plaintiff
Relevance:
Authorizes the Managing Director to represent the plaintiff company.
Reference:
Ext.A1
Document Type:
Original Excise Invoice
Submitted By:
Plaintiff
Relevance:
Shows the purchase made by the defendants from the plaintiff.
Reference:
Ext.A2
Document Type:
Original Excise Invoice
Submitted By:
Plaintiff
Relevance:
Shows the purchase made by the defendants from the plaintiff.
Reference:
Ext.A3
Document Type:
Original Excise Invoice
Submitted By:
Plaintiff
Relevance:
Details the purchase of flexible laminated printing packing materials for an amount of Rs.1,30,741/- on credit.
Reference:
Ext.A4
Document Type:
Original ledger extract
Submitted By:
Plaintiff
Relevance:
Shows the purchases made by the defendants during the specified period.
Reference:
Ext.A5
Document Type:
Original ledger extract
Submitted By:
Plaintiff
Relevance:
Shows the interest and late charges made by the defendants.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to demand payment of the amount due.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of notice at the first defendant's office address.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of notice at the second defendant's office address.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Non-payment of rent
Case Code
Case between Metricways Tetrogravure Printers Pvt Ltd vs M/s. Well Mart Retails et al regarding realization of money.
Case Code Year
Case between Metricways Tetrogravure Printers Pvt Ltd vs M/s. Well Mart Retails et al regarding realization of money.