Case Summary
This case involves a partnership firm, M/s. Deepam Granite Industries, suing Antony Titus for the recovery of a debt related to the supply of construction materials. The plaintiff claims that the defendant did not honor a payment agreement and that a dishonored cheque was issued.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff a sum of ₹3,27,075 and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff provided uncontroverted evidence proving the claim.
The court found that the plaintiff provided uncontroverted evidence proving the claim.
Judgment Evidence:
In the result, the suit is decreed exparte as follows: The defendant shall pay to the plaintiff a sum of ₹3,27,075 (Rupees Three Lakhs Twenty Seven Thousand and Seventy Five only). The defendant shall pay interest at the rate of 12% per annum from the date of the suit till the date of decree, and thereafter at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Plaintiffs
M/s. Deepam Granite Industries (Age not specified years)
Kombanad P O-683555
Reji P Varghese (54 years)
Areekkal Pangottu House, Kombanad P O – 683 555
Ann Mary Paul (39 years)
Areekkal Pangottu House, Kombanad P O – 683 555
Defendants
Antony Titus (55 years)
Chakkaraparambu, Near Vyttila, Vennala P O, Cochin
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the principal amount due.
Evidence:
Therefore, the plaintiff is entitled to get a decree for the plaint amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest on the amount due.
Evidence:
Hence, plaintiff is entitled to interest at 12% per annum from the date of suit till the date of decree and at 6% per annum thereafter till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff is entitled to the costs of the suit.
Relief Type:
Execution
Outcome:
Granted
Description:
The plaintiff can proceed against the defendant's assets in case of non-payment.
Evidence:
In default of such payment, the plaintiff is at liberty to realise the decretal amount with interest and costs by proceeding against the assets of the Defendant.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legal status of the plaintiff as a partnership firm.
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
Confirms the registration of the plaintiff firm.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of the payment made by the defendant towards the amount due.
Reference:
Ext.A3
Document Type:
Dishonoured Memo
Submitted By:
Plaintiff
Relevance:
Confirms that the cheque issued by the defendant was dishonoured.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant about the cheque dishonour and demand for payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A6