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OS.No.759/2024

Case between M/s. A.R.Wood Industries Pvt. Ltd vs A.Siyad et al regarding Realisation of Money

Court
Court of the Munsiff, Kollam
Judge
Smt. Ragi.S.
Order Date
2025-04-08
Duration
approximately-2 years 10 months
Case Code No.
759
Case Closed
Tue, 04/08/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. A.R.Wood Industries Pvt. Ltd filed a suit against A.Siyad and Shemina for the non-payment of an outstanding amount of Rs.7,26,031/-, which remained due despite multiple agreements and cheques issued. The defendants did not appear in court.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest. The defendants did not challenge the claims, leading to a default judgment.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.7,26,031/- together with interest at the rate of 12% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest. The defendants did not challenge the claims, leading to a default judgment.
Why Plaintiff Won:
The evidence presented by the plaintiff clearly established the defendants' liability for the amount claimed.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The evidence clearly established that the defendants are indebted to the plaintiff for an amount of Rs.7,26,031/-. There is no contra evidence to prove otherwise.

Judgment Evidence:

In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.7,26,031/- (Rupees Seven Lakh Twenty six Thousand and Thirty one only) together with interest at the rate of 12% per annum from the date of suit till realisation, from the defendants and their assets, with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. A.R.Wood Industries Pvt. Ltd
Relation
Represented by
Party Role
Defendant
Party Name
A.Siyad
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Shemina
Relation
W/o
Plaintiffs Documents
Resolution, Agreement dated 06/06/2022, Cheque No. 271967, Cheque No. 271968, Cheque No. 271969, Cheque return memos, Copy of Advocate notice dated 09/10/2024, Postal receipts, Acknowledgment cards.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V. Hariprasad
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rajesh Rajan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Reju Prasad
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Devika.S.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover the outstanding amount.
Evidence:
The plaintiff is entitled to realise an amount of Rs.7,26,031/- (Rupees Seven Lakh Twenty six Thousand and Thirty one only) together with interest at the rate of 12% per annum from the date of suit till realisation, from the defendants and their assets, with costs.

Documents & Evidence

Document Type: Resolution
Submitted By: Plaintiff
Relevance:
This document is part of the evidence proving the plaintiff's claim.
Reference:
Ext.A1
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
This agreement acknowledges the liability of the defendants towards the plaintiff.
Reference:
Ext.A2
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque represents part of the payment promised by the defendants.
Reference:
Ext.A3
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque represents part of the payment promised by the defendants.
Reference:
Ext.A4
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque represents part of the payment promised by the defendants.
Reference:
Ext.A5
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This memo indicates that a cheque issued to the plaintiff was dishonoured.
Reference:
Ext.A6
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This memo indicates that another cheque issued to the plaintiff was dishonoured.
Reference:
Ext.A7
Document Type: Advocate Notice
Submitted By: Plaintiff
Relevance:
This notice was sent to demand payment from the defendants.
Reference:
Ext.A8
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
These receipts are evidence of the notice sent to the defendants.
Reference:
Ext.A9
Document Type: Acknowledgment Cards
Submitted By: Plaintiff
Relevance:
These cards confirm receipt of the notice by the defendants.
Reference:
Ext.A10

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2024

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Thu, 06/06/2024 - 12:00
Case Closed
Tue, 04/08/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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