Case Summary
The case involves M/s. Footers Exports and Imports claiming money owed by M/s. Footons Sales Corporation. The defendant issued cheques that bounced, and the plaintiff seeks payment for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,11,435/- with interest at 7% per annum from the date of the suit till date of decree and 6% thereafter till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the claim amount along with interest and costs.
Why Plaintiff Won:
The plaintiff proved the claim of purchases and defaults in payment.
The plaintiff proved the claim of purchases and defaults in payment.
Losing Side's Weaknesses:
The plaintiff proved the claim of purchases and defaults in payment.
The plaintiff proved the claim of purchases and defaults in payment.
Supporting Evidence
The claim of the plaintiff as to the interest is exorbitant, the interest from the date of suit till decree can be fixed at the rate of 7% per annum.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.1,11,435/- (Rupees One Lakh Eleven Thousand Four Hundred And Thirty Five Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till date of decree and thereafter with interest at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Footers Exports and Imports
- Party Role
- Defendant
- Party Name
- M/s. Footons Sales Corporation
Plaintiffs Documents
Partnership deed, Receipt, Statement of account, Tax invoice, Cheques
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Janardhana Kidavu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.1,11,435/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: 1.The defendant is directed to pay Rs.1,11,435/-.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 7% per annum from the date of the suit till date of decree.
Evidence:
with interest at the rate of 7% per annum from the date of the suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is ordered to pay costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the legal entity of the plaintiff's firm.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of payment for products purchased.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
It details the transactions between the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
This invoice confirms the sale of products to the defendant.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as a payment which bounced.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as a payment which bounced.
Reference:
Ext.A6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as a payment which bounced.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Footers Exports and Imports vs M/s. Footons Sales Corporation regarding recovery of money.
Case Code Year
Case between M/s. Footers Exports and Imports vs M/s. Footons Sales Corporation regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act