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O.S. No. 996/2023

Case between M/s Foryes Associates vs M/s. Home Centre et al regarding realization of money

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. Reeja R. Nair
Order Date
2025-12-06
Duration
2 years 13 days

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, M/s Foryes Associates, is seeking recovery of an outstanding amount from the defendants, M/s. Home Centre and Mr. Arun. The case involves claims of unpaid dues for kitchen products purchased on credit, which the defendants failed to settle despite multiple extensions.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed due to being barred by law of limitation. The plaintiff failed to file the suit within the stipulated time frame despite multiple opportunities given to the defendants.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit was filed beyond the period of limitation as defined by law.

Judgment Evidence:

In the result, suit is dismissed. Considering the fact that the defendants remained exparte to the proceedings, there is no order as to costs.

Parties Involved

Plaintiffs

M/s Foryes Associates (Age not specified years) 7/735B, Kaypees Tower, Civil Station Masjid Road, Kakkanad.P.O, Ernakulam 682018 Mrs. Sudha TR (Age not specified years) Puthenveed House, Thengode P.O, Kakkanad, Kochi-30

Defendants

M/s. Home Centre (Age not specified years) 1st Floor, IV/6C, 6D, Kandamthuruthel Shopping Complex, Near Traffic Signal, Kanjikuzhy, Muttambalam.P.O, Kottayam 686004 Mr. Arun (Age not specified years) 1st Floor, IV/6C, 6D, Kandamthuruthel Shopping Complex, Near Traffic Signal, Kanjikuzhy, Muttambalam.P.O, Kottayam 686004

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Plaintiff sought to recover the amount due from the defendants.
Evidence:
Thus the suit is seen filing much belatedly after the period of limitation.

Documents & Evidence

Document Type: Copy of invoice
Submitted By: Plaintiff
Relevance:
Proves the purchase of products on credit by the defendants.
Reference:
Ext.A1
Document Type: Copy of invoice
Submitted By: Plaintiff
Relevance:
Proves the purchase of products on credit by the defendants.
Reference:
Ext.A2
Document Type: Copy of invoice
Submitted By: Plaintiff
Relevance:
Proves the purchase of products on credit by the defendants.
Reference:
Ext.A3
Document Type: Copy of notice
Submitted By: Plaintiff
Relevance:
Serves as evidence of notice sent to defendants for payment.
Reference:
Ext.A4
Document Type: Copy of notice
Submitted By: Plaintiff
Relevance:
Serves as evidence of notice sent to defendants for payment.
Reference:
Ext.A5
Document Type: Copy of notice
Submitted By: Plaintiff
Relevance:
Serves as evidence of notice sent to defendants for payment.
Reference:
Ext.A6
Document Type: Original Postal receipt
Submitted By: Plaintiff
Relevance:
Proves that a lawyer's notice was sent to the defendants.
Reference:
Ext.A7
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
Serves as evidence of lawyer's notice sent demanding payment.
Reference:
Ext.A8
Document Type: Original Postal receipt
Submitted By: Plaintiff
Relevance:
Proves that a notice was sent to the defendants.
Reference:
Ext.A9
Document Type: Original acknowledgment card
Submitted By: Plaintiff
Relevance:
Serves as proof of receipt of notices sent to the defendants.
Reference:
Ext.A10
Document Type: Original Postal receipt
Submitted By: Plaintiff
Relevance:
Proves that a notice was sent to the defendants.
Reference:
Ext.A11
Document Type: Original acknowledgment card
Submitted By: Plaintiff
Relevance:
Serves as proof of receipt of notices sent to the defendants.
Reference:
Ext.A12

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
95%

Involved Entities

Private Individual

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