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O.S No. 1108/2023

Case between M/s Cartopacks et al vs Abdul Rashid regarding recovery of money.

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-02-22
Duration
approximately-1 year 9 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

M/s Cartopacks, a partnership firm, is suing Abdul Rashid for recovery of an amount due from the sale of corrugated cartons. The plaintiff claims that the defendant has not paid the outstanding balance and interest despite receiving a lawyer's notice.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed directing the defendant to pay an amount of Rs.2,96,388 with interest and costs of the suit. The plaintiff is entitled to recover the decree amount from the defendant's assets in default.
Judgment Favored
Plaintiff
Relief Granted
Rs.2,96,388 with 8% future interest per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.

Judgment Evidence:

The suit is decreed directing the defendant to pay an amount of Rs.2,96,388...(etc.)

Parties Involved

Plaintiffs

M/s Cartopacks (Age not specified years) Sree Kailas, Paliam Road, Kochi – 16, Ernakulam V.Vinod Kumar (60 years)

Defendants

Abdul Rashid (45 years) Near Surat Mazjid, Alamkode P.O, Manthadam, Changrankulam, Pin – 679 591, Malapuram

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
A decree directing the defendant to pay the outstanding amount along with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.2,96,388/- with 8% future interest per annum from the date of suit ( ie, from 16.11.2023) till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff is entitled to costs of the suit.

Documents & Evidence

Document Type: Certified copy of Invoice
Submitted By: Plaintiff
Relevance:
This document serves as proof of the transaction between the plaintiff and the defendant for the supply of goods.
Reference:
Ext.A1
Document Type: True copy of Invoice
Submitted By: Plaintiff
Relevance:
This document supports the claims made regarding the amount due from the defendant.
Reference:
Ext.A2
Document Type: True copy of the account statement
Submitted By: Plaintiff
Relevance:
This statement details the transactions between the plaintiff and the defendant, indicating the outstanding balance.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was sent to the defendant demanding payment and illustrates the plaintiff's efforts to collect the debt.
Reference:
Ext.A4
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
This card indicates receipt of the lawyer notice by the defendant.
Reference:
Ext.A5
Document Type: Certified copy of the Power of Attorney
Submitted By: Plaintiff
Relevance:
This document establishes the authority of the person representing the plaintiff in this case.
Reference:
Ext.A6

Quick Facts

Location
Ernakulam
Case Filed
Thu, 05/19/2022 - 12:00
Outcome Confidence
90%

Involved Entities

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