Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS. No.38/2018

Case between Metricways Tetrogravure Printers Pvt Ltd vs M/s. Well Mart Retails et al regarding realization of money.

Court
The Court of the Munsiff Kolenchery
Judge
Smt. L Usha
Order Date
2023-03-31
Duration
approximately-5 years
Case Closed
Fri, 03/31/2023 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Fri, 03/31/2023 - 12:00
From
Sun, 01/01/2023 - 12:00
To
Sun, 12/31/2023 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between The South Indian Bank Ltd. vs Rugmini et al regarding realisation of money
COURT OF THE MUNSIFF AT KOLENCHERY
Civil Suit Plaintiff Won
Case between Kerala Gramin Bank vs C.J. George et al regarding realization of money
COURT OF THE MUNSIFF AT KOLENCHERY
Civil Suit Plaintiff Won
Case between A.M.A Oil Mill vs Reji Haneefa regarding realization of amount
COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won
Case between Union Bank of India et al vs Abdul Majeed et al regarding realization of money
COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won
Case between M/s. Matrix Finbiz Pvt. Ltd et al vs Dileepkumar P. et al regarding realization of money.
IN THE COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won