Case Summary
The case involves M/s Deck & Boot, a partnership firm, seeking payment from Unnikrishnan T K, the proprietor of Aparna Business Group, for overdue payments for materials supplied. The defendant failed to pay and was set ex parte after not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.9,86,202/- along with interest @6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.9,86,202/- along with 6% interest per annum from the date of the suit until realization. The defendant's assets are also liable for the payment.
Why Plaintiff Won:
Plaintiff established a case for overdue payments with sufficient evidence.
Plaintiff established a case for overdue payments with sufficient evidence.
Losing Side's Weaknesses:
Plaintiff established a case for overdue payments with sufficient evidence.
Plaintiff established a case for overdue payments with sufficient evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.9,86,202/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.9,86,202/- (Rupees Nine lakhs eighty six thousand two hundred and two only) along with interest @6% per annum from the date of suit till the date of decree or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Deck & Boot
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Unnikrishnan T K
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Invoices, lawyer notice, complaint to Commissioner of Police, account statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreejith S Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biju Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Remil Regi George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.9,86,202/- along with interest @6% per annum.
Evidence:
Defendant is directed to pay interest at the rate of 6% per annum from the date of suit till the date of decree or realization, as the case may be, to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant's personal and asset liability to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Invoices
Submitted By:
Plaintiff
Relevance:
Invoices issued to the defendant for the purchases.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice dated 24.08.2021 issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Lawyer notice dated 12.08.2021 issued on behalf of the defendant.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Unknown
Relevance:
Copy of complaint dated 28.06.2021 made before the commissioner of Police, Ernakulam.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement showing transactions of the defendant and plaintiff along with certification under section 63 of Bharatiya Sakshya Adhiniyam, 2023.
Reference:
Ext.A5
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 Deck & Boot vs Unnikrishnan T K regarding realization of money
Case Code Year
Case between M/s Deck & Boot vs Unnikrishnan T K regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt