Case Summary
The plaintiff, a registered partnership firm, is suing the defendant for the realization of a debt of Rs 51,029/- owed from a business transaction. The defendant denies any liability, claiming that the plaintiff has violated their distributor agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff was unable to prove the existence of any debt owed by the defendant. Consequently, the suit was dismissed.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
The plaintiff was unable to prove his case even by a degree of preponderance of probability. It is found that no amount is due to the plaintiff from the defendant.
Judgment Evidence:
In the light of the discussion as held on issue No.1 &2, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Alide Communications
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Mr.Anil Koshi
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Abdul Jaseel
Plaintiffs Documents
Registration certificate of partnership firm, Certified copy of reconstituted deed of partnership, Account statement maintained at Alide communications for the period 01.04.20 to 12.11.21, Copy of lawyer notice, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Kumar T.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohammed Yasil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thajmal Saleek E.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought recovery of Rs.51,029/- from the defendant.
Evidence:
It is found that no amount is due to the plaintiff from the defendant.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proves the registration of the partnership firm.
Reference:
Ext.A1
Document Type:
Certified Copy of Reconstituted Deed of Partnership
Submitted By:
Plaintiff
Relevance:
Establishes the partnership agreement.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Maintained at Alide Communications for the relevant period.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows demand for repayment sent to the defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Alide Communications vs Mr.Abdul Jaseel regarding realization of money
Case Code Year
Case between M/s Alide Communications vs Mr.Abdul Jaseel regarding realization of money