Case Summary
M/s Future Marketting Company is suing A B Electricals and Prestone Electricals & Sanitaries for amounts due from sales of electrical items. The defendants have not paid despite multiple reminders, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The first defendant is directed to pay ₹55,598 and the second defendant ₹62,241 with 12% interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part. The first defendant is ordered to pay ₹55,598 with interest, while the second defendant must pay ₹62,241 with interest. In default, the plaintiff can recover the amounts from the defendants' assets.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed in part and relief modified as follows. 1st defendant is directed to pay an amount of ₹55,598 with 12% interest per annum from the date of suit till the date of decree. The 2nd defendant is directed to pay an amount of ₹62,241 with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Future Marketting Company
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- A B Electricals
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Prestone Electricals & Sanitaries
- Relation
- represented by
Plaintiffs Documents
True copies of Tax invoices (7 nos), True copy of the ledger account from 01.04.22 to 18.10.23, True copy of the lawyer notice issued to the defendants, Certified copy of the Power of Attorney, Certificate under Section 63 of Bharatiya Sakshya Adhiniyam 2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jinish Paul P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sneha V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The suit is decreed in part, and the defendants are directed to pay specified amounts with interest.
Evidence:
The 1st defendant is directed to pay an amount of 55,598₹ /- (Rupees Fifty Five Thousand Five Hundred and Ninety Eight only), with 12 % interest per annum from the date of suit till the date of decree. The 2nd defendant is directed to pay an amount of 62,241/- (Rupees Sixty Two Thousand Two Hundred and Forty One only), with 12 % interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Tax Invoices
Submitted By:
Plaintiff
Relevance:
These documents support the plaintiff's claim for the supplied goods.
Reference:
Ext.A1
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
This document details the financial transactions and outstanding balances.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding payment and proves the lack of response.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes the representative to act on behalf of the plaintiff.
Reference:
Ext.A4
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate relates to the evidentiary requirement under the Bharatiya Sakshya Adhiniyam 2023.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Future Marketting Company vs A B Electricals et al regarding money recovery.
Case Code Year
Case between M/s Future Marketting Company vs A B Electricals et al regarding money recovery.