Case Summary
M/s. Carto Packs, a partnership firm, filed a suit against M/s. KKR Products & Marketing (P) Ltd. for recovery of an outstanding amount of Rs.3,39,480/- plus interest. The plaintiff claims that the defendants failed to make payment for goods supplied on credit, which led to the lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.3,39,480/- from the defendants and from their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover Rs.3,39,480/- along with specified interest from the defendants. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and supporting evidence established the case as pleaded.
The unrebutted oral testimony of the plaintiff and supporting evidence established the case as pleaded.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and supporting evidence established the case as pleaded.
The unrebutted oral testimony of the plaintiff and supporting evidence established the case as pleaded.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A10 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted and the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.3,39,480/- (Rupees three lakhs thirty nine thousand four hundred and eighty only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Carto Packs
- Party Role
- Defendant
- Party Name
- M/s. KKR Products & Marketing (P) Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Biju Karnan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Karnan
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Invoices from 06.02.2019 to 26.08.2019, account statement, lawyer's notice dated 19.01.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Jose Pious
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Sunilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover a sum of Rs.3,39,480/- from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.3,39,480/-...
Relief Type:
Damages
Outcome:
Granted
Description:
Interest at 12% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.3,39,480/- from the date of suit till date decree...
Relief Type:
Damages
Outcome:
Granted
Description:
Interest at 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.3,39,480/- from date of decree till date of realization...
Relief Type:
Damages
Outcome:
Granted
Description:
Cost of the suit is to be recovered from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
These invoices provide evidence of the transactions and amounts owed by the defendants.
Reference:
Ext.A1 to A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document outlines the accounting details supporting the claim amount.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to demand payment from the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is evidence of receipt of the lawyer's notice by the first defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is evidence of receipt of the lawyer's notice by the second defendant.
Reference:
Ext.A9
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority to the managing partner to represent the plaintiff.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony of the plaintiff established the claims made in the suit.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Carto Packs vs M/s. KKR Products & Marketing (P) Ltd. regarding realization of money
Case Code Year
Case between M/s. Carto Packs vs M/s. KKR Products & Marketing (P) Ltd. regarding realization of money