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O.S. No. 291 of 2019

Case between Mr. Shibi Achenkunju vs Mrs. Elzy et al regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-01-11
Duration
approximately-4 years 11 months 20 days

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The plaintiffs presented sufficient evidence to support their claim for recovery of money owed.

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

Plaintiffs

Mr. Shibi Achenkunju (29 years) 1st Floor, Kakkudiyil Building, Olimugal, Kakkanad P.O, Cochin 682 030 Anu Rahuf.E.C (30 years) 1st Floor, Kakkudiyil Building, Olimugal, Kakkanad P.O, Cochin 682 030

Defendants

Mrs. Elzy (50 years) Kerala Medical College Hospital, Mangod, Cherpulassery, Palakkad 679 503 Changaran Chola Aydu (50 years) Kerala Medical College Hospital, Mangod, Cherpulassery, Palakkad 679 503 Abdul Razack Moideen (52 years) Kerala Medical College Hospital, Mangod, Cherpulassery, Palakkad 679 503 Royal Medical Trust (RGD) (Age not specified years) Kerala Medical College Hospital, Mangod, Cherpulassery, Palakkad 679 503

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

Quick Facts

Location
Ernakulam
Case Filed
Fri, 01/11/2019 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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