Case Summary
This case involves Mr. Shibi Achenkunju and Anu Rahuf as plaintiffs against Mrs. Elzy and others as defendants regarding the non-payment for medical supplies. The plaintiffs seek to recover a total amount due for goods supplied to the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are allowed to recover Rs. 1,15,393 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The plaintiffs were granted the relief to recover the amount of Rs. 1,15,393 along with interest from the defendants. The court held that the plaintiffs proved their case through evidence and documents presented.
Why Plaintiff Won:
The plaintiffs presented sufficient evidence to support their claim for recovery of money owed.
The plaintiffs presented sufficient evidence to support their claim for recovery of money owed.
Losing Side's Weaknesses:
The plaintiffs presented sufficient evidence to support their claim for recovery of money owed.
The plaintiffs presented sufficient evidence to support their claim for recovery of money owed.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved. Hence the plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiffs are allowed to recover Rs.1,15,393 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Shibi Achenkunju
- Party Age
- 29
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anu Rahuf.E.C
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Elzy
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Changaran Chola Aydu
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Abdul Razack Moideen
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Royal Medical Trust (RGD)
- Relation
- Represented by
Plaintiffs Documents
Invoices B-188, B-260, B-284, B-432 and Cheque No. 849613 dated 28.07.2018
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chandra Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Dhanishkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of money owed by the defendants along with interest.
Evidence:
The plaintiffs are allowed to recover Rs.1,15,393/ together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendants.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Documents evidencing the amounts owed by the defendants for products supplied on credit.
Reference:
Ext.A1 to A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendants for the total amount claimed, which was later dishonoured.
Reference:
Ext.A5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document indicating the cheque was returned due to insufficiency of funds.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the dishonour of the cheque and demand for payment.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of service of the notice to the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mr. Shibi Achenkunju vs Mrs. Elzy et al regarding realisation of money
Case Code Year
Case between Mr. Shibi Achenkunju vs Mrs. Elzy et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act