Case Summary
The plaintiff, M/s A.M. Distributors, filed a suit against the defendant, Mr. Tejpal Singh, for recovery of money related to defective goods. The case involves issues of contractual obligations and payment defaults.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.89,454 along with interest at 6% per annum from 15.03.2013 till realization, and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs.89,454 along with interest from the defendant. The defendant is also liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff established a case and provided unchallenged evidence of the amount owed.
The plaintiff established a case and provided unchallenged evidence of the amount owed.
Losing Side's Weaknesses:
The plaintiff established a case and provided unchallenged evidence of the amount owed.
The plaintiff established a case and provided unchallenged evidence of the amount owed.
Supporting Evidence
On perusal of the proof affidavit and documents produced, which remain unchallenged, I am of the view that plaintiff has established a case and is entitled to realize an amount of Rs.89,454 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Plaintiff is entitled to realize Rs.89,454 along with interest @ 6% per annum from 15.03.2013 till realization. 2) Defendant shall be personally liable and his assets shall also be liable to satisfy the decree debt.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s A.M. Distributors
- Relation
- represented by its Partner Mr. N. Abuty
- Party Role
- Defendant
- Party Name
- Mr. Tejpal Singh, Kohli
Plaintiffs Documents
Letter of authorization issued by the managing partner of the plaintiff firm in favour of the plaintiff, True copy of the statement of accounts pertaining to the business transactions between plaintiff and defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Sunil Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anilkumar.K.K.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sheeba.N.K.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Leela.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Legy Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abe Rajan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Oormila.K.Rajan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sarath Prasad.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.89,454 along with interest @ 6% per annum from 15.03.2013 till realization.
Evidence:
I am of the view that plaintiff has established a case and is entitled to realize an amount of Rs.89,454 with interest from defendant.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant shall be personally liable and his assets shall also be liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This letter of authorization was issued by the managing partner of the plaintiff firm in favor of the plaintiff.
Reference:
Ext.A1
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This is a true copy of the computer printout of the statement of accounts pertaining to the business transactions between plaintiff and defendant.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between M/s A.M. Distributors vs Mr. Tejpal Singh, regarding realization of money
Case Code Year
Case between M/s A.M. Distributors vs Mr. Tejpal Singh, regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act