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O.S No. 1304/2020

Case between M/s. Contour Readymix Private Limited vs Muhammad Mansoor regarding recovery of payment for readymix concrete

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-11-07
Duration

Judgement document from eCourt website

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Case Summary

M/s. Contour Readymix Private Limited is suing Muhammad Mansoor for the recovery of a total amount of ₹2,39,131/-, which includes unpaid dues for supplied readymix concrete. The defendant claims he acted as an intermediary for another firm and has not received the goods as stated by the plaintiff.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, finding that the plaintiff failed to establish that the defendant had received the goods allegedly supplied. Instead, the evidence suggested a lack of a proper contract.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Plaintiff failed to prove that the defendant received the goods or that a valid contract existed.

Judgment Evidence:

In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.

Parties Involved

Plaintiffs

M/s. Contour Readymix Private Limited (Age not specified years) 33/365 B, Palachuvadu Road, Vennala P.O, Cochin – 6892 028, Ernakulam

Defendants

Muhammad Mansoor (38 years) Nedumpurathuthara House, Near Chettuthara House, Near Chettuthara Masjith, Aroor, Cherthala Taluk, Alappuzha District, Pin 688 534

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Claim for recovery of a total amount of ₹2,39,131/- with interest.
Evidence:
The plaintiff has failed to successfully establish that the defendant had received the goods as alleged by the plaintiff.

Documents & Evidence

Document Type: Copy of Purchase Order Confirmation Form
Submitted By: Plaintiff
Relevance:
Used to establish the agreement for supply of ready-mix concrete.
Reference:
Ext.A1
Document Type: Purchase Order Confirmation Form
Submitted By: Plaintiff
Relevance:
Duplicate of Ext.A1, referenced for the terms of the purchase order.
Reference:
Ext.A1(a)
Document Type: Invoice
Submitted By: Plaintiff
Relevance:
Presented as evidence of delivery of goods, though signatures were disputed.
Reference:
Exts.A2 to A10
Document Type: Ledger Account Statement
Submitted By: Plaintiff
Relevance:
Provided details of transactions between plaintiff and defendant.
Reference:
Ext.A11
Document Type: True copy of the Notice
Submitted By: Plaintiff
Relevance:
Served for demanding payment of the outstanding amount from the defendant.
Reference:
Ext.A12
Document Type: Returned Postal Acknowledgment card
Submitted By: Plaintiff
Relevance:
Used to establish receipt of the notice by the defendant.
Reference:
Ext.A13
Document Type: Extract of Board Resolution
Submitted By: Plaintiff
Relevance:
Authorized PW1 to file the suit on behalf of the plaintiff company.
Reference:
Ext.A14

Quick Facts

Location
Ernakulam
Case Filed
Fri, 06/29/2018 - 12:00
Outcome Confidence
80%

Involved Entities

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