Case Summary
M/s Desai Distributors is seeking recovery of a debt from Jacob Chaniyil Antony arising from unpaid invoices for paper materials supplied over several transactions. The defendant disputes the amount owed and claims the suit is barred by limitation due to damages from supplied products.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay ₹29,392.57/- with interest at the rate of 12% per annum from 23.07.2021 till the date of the decree.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, ordering the defendant to pay ₹29,392.57 with interest at 12% per annum from the date of the demand notice until the date of the decree. Costs were also awarded in favor of the plaintiff.
Why Plaintiff Won:
The court found that the defendant is liable to repay the amount due as per the plaintiff's ledger, despite the defendant's claims about damaged goods.
The court found that the defendant is liable to repay the amount due as per the plaintiff's ledger, despite the defendant's claims about damaged goods.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is apparent that the defendant has not produced any materials to show that the goods supplied to them by the plaintiff were damaged ones and that on account of the same the defendant suffered damages.
Judgment Evidence:
In the result, the suit is decreed in part as follows. 1. The defendant shall pay ₹29,392.57/- with interest at the rate of 12% per annum from 23.07.2021 till the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Desai Distributors
- Party Role
- Defendant
- Party Name
- Jacob Chaniyil Antony
- Party Age
- 58
Plaintiffs Documents
Ledger Account of the Plaintiff from 01.03.15 to 06.12.22, Copy of the lawyer notice issued to the defendant, Acknowledgment Cards (2 nos)
Defendants Documents
Statement of account bearing A/c no. 00000031960920454 issued by SBI, Thrissur for the period from 10.06.18 to 31.03.19
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sachu Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.A.Chacko
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Babu V.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.M.Charisma
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff claims recovery of ₹ 47,380/- from the defendant.
Evidence:
The actual amount which is due to be paid to the plaintiff as on 1/4/2022 as per Exhibit A1 ledger account is ₹ 29,392.57.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
Plaintiff's claim for interest at the rate of 16% per annum from 23.07.2021 till realization.
Evidence:
This Court finds it appropriate to grant pre-suit interest at the rate of 12% on ₹ 29,392.57 from 23.07.2021 till the date of the suit.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiff entitled to costs of litigation.
Evidence:
Hence, issue as to costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Shows the defendant owes ₹ 47,380.82 towards the plaintiff as on 06.12.2022 and reflects the entire transactions between the parties.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal demand notice issued to the defendant regarding the outstanding amount.
Reference:
Ext.A2
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Two acknowledgment cards related to the transactions.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Document showing account transactions relevant to the case.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimonies of witnesses from both sides.
Reference:
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 Desai Distributors vs Jacob Chaniyil Antony regarding recovery of money.
Case Code Year
Case between M/s Desai Distributors vs Jacob Chaniyil Antony regarding recovery of money.