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
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
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.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.2,96,388...(etc.)
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Cartopacks
- Party Role
- Plaintiff
- Party Name
- V.Vinod Kumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Rashid
- Party Age
- 45
Plaintiffs Documents
Certified copy of Invoice no. GSTR 225, True copy of Invoice no. GSTR 303, True copy of the Account statement, Lawyer notice, Acknowledgement card, Certified copy of the power of attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P.Jose Pious
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.Sunil Kumar
- Appearance Type
- Main Counsel
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
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 Cartopacks et al vs Abdul Rashid regarding recovery of money.
Case Code Year
Case between M/s Cartopacks et al vs Abdul Rashid regarding recovery of money.