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O.S No. 1046/2023

Case between M.I.Mohammed et al vs MP’s Trading Cooperation et al regarding recovery of money.

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-08-05
Duration
approximately-4 years 8 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The case involves plaintiffs M.I.Mohammed and M.I.Aboobacker suing defendants MP’s Trading Cooperation and Abdul Kareem for recovery of rent dues. The defendants defaulted in paying the rent for a leased building used for trading electronic appliances.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, directing the defendants to pay a total amount of Rs.8,53,558/- along with interest. In default, the plaintiffs are entitled to recover the decree amount from the defendants' assets.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 8,53,558/- with 6% interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

The suit is decreed directing the defendant to pay an amount of Rs.8,53,558/- (Rupees Eight Lakhs Fifty Three Thousand Five Hundred and Fifty Eight only) with 6% interest per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

M.I.Mohammed (60 years years) Manath House, Thrikkakara P.O, Ernakulam, Pin – 682 021 M.I.Aboobacker (53 years years) Manath House, Thrikkakara P.O, Ernakulam, Pin – 682 021

Defendants

MP’s Trading Cooperation (Age not specified years) 11/368 C, Poovattuparamba, Kuttikkattur, Kozhikode, Kerala – 673 008 Abdul Kareem K (Age not specified years) Kannipoyil veedu, Kayalam P.O, Kozhikode – 673 661

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover an amount of Rs.8,53,558/- along with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.8,53,558/- (Rupees Eight Lakhs Fifty Three Thousand Five Hundred and Fifty Eight only) with 6% interest per annum from the date of suit till the date of decree.

Documents & Evidence

Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
Notary attested copy of the lease agreement dated 01.10.2019.
Reference:
Ext.A1
Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
Original agreement between the plaintiff and defendant dated 14.06.2022.
Reference:
Ext.A2
Document Type: Cheque Leaf
Submitted By: Plaintiff
Relevance:
Original cheque leaf bearing No.001015 dated 30.08.2022.
Reference:
Ext.A3
Document Type: Cheque Leaf
Submitted By: Plaintiff
Relevance:
Original cheque leaf No.001016 dated 30.08.2022.
Reference:
Ext.A4
Document Type: Bank Memo
Submitted By: Plaintiff
Relevance:
Original memo from bank on account of insufficient funds bearing cheque No.001015 dated 18.10.2022.
Reference:
Ext.A5
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
True copy of the legal notice dated 09.10.2022.
Reference:
Ext.A6
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt of legal notice dated 09.11.2022.
Reference:
Ext.A7
Document Type: Bank Memo
Submitted By: Plaintiff
Relevance:
Original memo from the bank on account of insufficient funds bearing cheque No.001016 dated 19.10.2022.
Reference:
Ext.A8

Quick Facts

Location
Ernakulam
Case Filed
Sun, 01/01/2023 - 12:00
Outcome Confidence
90%

Involved Entities

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