Case Summary
M/s Aiswarya Marbles and Floorings, a partnership firm, supplied flooring materials to S J Enterprises and claimed non-payment of dues. The plaintiff provided evidence for dishonored cheques and demanded payment, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.3,35,455/- along with interest @6% per annum from the date of suit till the date of decree or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.3,35,455/- (Rupees Three lakhs thirty five thousand four hundred fifty five only) along with interest @6% per annum from the date of suit till the date of decree or realization, as the case may be, to plaintiff.
Parties Involved
Plaintiffs
M/s Aiswarya Marbles and Floorings (Age not specified years)
31/986C, Gurukripa, Subash Chandrabose Road, Vyttila, Kochi, Kerala- 682019
Defendants
S J Enterprises (Age not specified years)
TC No. 1230/8, New TC 23/1133, Ramachandrika Tower, Peroorkada P O, Thiruvananthapuram, P O No. 26, Pin- 695005
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
An amount of Rs.3,35,455/- along with interest at the rate of 6% per annum from the date of suit till the date of decree or realization.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,35,455/- with interest from defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Shows the copy of ledger account maintained with plaintiff for a period from 01.04.2021 to 31.03.2022 and 01.04.2022 to 16.12.2022.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original of the Cheque bearing number 000237 dated 30.03.2022.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original of the Cheque bearing number 000278 dated 06.04.2022.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original of the Cheque bearing number 000277 dated 31.03.2022.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original of the Cheque bearing number 000279 dated 08.04.2022.
Reference:
Ext.A5
Document Type:
Dishonor Memos
Submitted By:
Plaintiff
Relevance:
Dishonor memos 4 nos. issued by the bank to the plaintiff.
Reference:
Ext.A6 Series
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice dated 03.08.2022.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
True copy of reply notice dated 18.08.2022.
Reference:
Ext.A8