Case Summary
M/s Ambika Textiles, represented by its proprietor Manish Tawari, filed a suit against Alappad Silks for recovery of a debt. The defendant failed to appear in court and was set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.93,868 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant shall pay a total of Rs.93,868 with interest to the plaintiff. Additionally, the defendant's assets are liable to satisfy the decree.
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence, proving the defendant's debt.
The plaintiff established a case with unchallenged evidence, proving the defendant's debt.
Losing Side's Weaknesses:
The plaintiff established a case with unchallenged evidence, proving the defendant's debt.
The plaintiff established a case with unchallenged evidence, proving the defendant's debt.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.93,868 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.93,868 along with interest @12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Ambika Textiles
- Party Role
- Defendant
- Party Name
- Alappad Silks
Plaintiffs Documents
Office copy of lawyer notice issued to the defendant, Postal receipt, Statement of ledger account of defendant maintained by plaintiff
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pradeesh Chacko
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of Rs.93,868 with interest from the defendant.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.93,868 with interest
Relief Type:
Other
Outcome:
Granted
Description:
Defendant's personal assets are 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 entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was submitted as proof of demand for payment sent to the defendant.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the lawyer's notice was sent to the defendant.
Reference:
Ext.A2
Document Type:
Statement of ledger account
Submitted By:
Plaintiff
Relevance:
This document shows the financial transactions between the plaintiff and defendant.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s Ambika Textiles vs Alappad Silks regarding realization of money
Case Code Year
Case between M/s Ambika Textiles vs Alappad Silks regarding realization of money