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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
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.
Key Reasoning:
Plaintiff failed to prove that the defendant received the goods or that a valid contract existed.
Plaintiff failed to prove that the defendant received the goods or that a valid contract existed.
Why Defendant Won:
Plaintiff failed to prove that the defendant received the goods or that a valid contract existed.
Plaintiff failed to prove that the defendant received the goods or that a valid contract existed.
Supporting Evidence
The plaintiff has failed to successfully establish that the defendant had received the goods as alleged by the plaintiff.
Judgment Evidence:
In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Contour Readymix Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Muhammad Mansoor
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Copy of Purchase Order Confirmation Form, Invoice No. C 37/2018 -19, Invoice No. C 38/2018 -19, Invoice No. C 39/2018 -19, Invoice No. C 40/2018 -19, Invoice No. C 41/2018 -19, Invoice No. C 42/2018 -19, Invoice No. C 43/2018 -19, Invoice No. C 44/2018 -19, Invoice No. C 45/2018 -19, Ledger Account Statement, True copy of the Notice bearing No. CRPL: 12/2019-20, Extract of Board Resolution
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alias M Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M Raphy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjali Elias
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaji Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N Ratheesh
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s. Contour Readymix Private Limited vs Muhammad Mansoor regarding recovery of payment for readymix concrete
Case Code Year
Case between M/s. Contour Readymix Private Limited vs Muhammad Mansoor regarding recovery of payment for readymix concrete