Case Summary
M/s Desai Brothers (papers) Pvt. Ltd filed a suit against M/s Don Bosco Industries for the recovery of money owed. The plaintiff claims that the defendant failed to pay outstanding dues for goods supplied on credit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the suit was barred by law of limitation.
The court found that the suit was barred by law of limitation.
Judgment Evidence:
In the result, the suit is dismissed. Plaintiff is not entitled for a decree of realization of Rs. 1,41,077/- from the defendant.
Parties Involved
Plaintiffs
M/s Desai Brothers (papers) Pvt. Ltd (Age not specified years)
Bazar road, Mattancherry, Kochi – 2, having corporate office at D.D. Vastramahal, Market road, kochi – 31
Defendants
M/s Don Bosco Industries (40 years)
Mundackal west, Kollam, Pin – 691 001
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover an outstanding amount from the defendant.
Evidence:
In the result, the suit is dismissed. Plaintiff is not entitled for a decree of realization of Rs. 1,41,077/- from the defendant.
Documents & Evidence
Document Type:
Combined original ledger statement
Submitted By:
Plaintiff
Relevance:
Used to establish the amount owed by the defendant to the plaintiff.
Reference:
Ext.A1
Document Type:
True copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Served as evidence of the demand for payment made to the defendant.
Reference:
Ext.A2
Document Type:
Original reply issued by Adv.Benoy Bal
Submitted By:
Plaintiff
Relevance:
Presented as evidence regarding the communication between the parties.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Included in the defendant's contentions against the claims of the plaintiff.
Reference:
Ext.B1
Document Type:
Office copy of the reply issued by Adv.Benoy Bal
Submitted By:
Defendant
Relevance:
Provided as a response to the allegations made by the plaintiff.
Reference:
Ext.B2
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Evidence of communication sent by the defendant.
Reference:
Ext.B3
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
Confirmed the receipt of correspondence by the defendant.
Reference:
Ext.B4