Case Summary
The plaintiff, M/s. Hybrid Coatings, has filed a suit against the defendant, Mr. C.P.A Nazer, for the recovery of an amount due to failure of obligation under a GST agreement. The defendant failed to appear in court, resulting in the proceedings going ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay 4,79,155/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay an amount of 4,79,155/- along with interest. The defendant is liable for the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the uncontested evidence of the power of attorney holder.
The case of the plaintiff stands proved based on the uncontested evidence of the power of attorney holder.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the uncontested evidence of the power of attorney holder.
The case of the plaintiff stands proved based on the uncontested evidence of the power of attorney holder.
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved. There is nothing to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff an amount of 4,79,155/- with interest at the rate of 6% per annum from the date of institution of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Hybrid Coatings
- Party Role
- Defendant
- Party Name
- Mr. C.P.A Nazer
- Party Age
- 48
Plaintiffs Documents
Notarised copy of Power of Attorney, Photocopy of Agreement for supply of labours, Registration Certificate (GST), Certificate of Provisional Registration, Form GSTR-3B for the Period October 2019-2020, True copy of the lawyer notice, Returned postal cover, Computer print out of Ledger Account Statement, Computer print out of e mail sent, Tax invoices
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajay N.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Babykuttan K.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. S Hariharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajath R. Nath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harima Hariharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,79,155 from the defendant.
Evidence:
I am of the opinion that the plaintiff is entitled to realise an amount of 4,79,155/- (Rupees four lakhs seventy nine thousand one hundred and fifty five only) from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of institution of the suit till realization.
Evidence:
However, I am of the opinion that interest at the rate of 6% per annum can be fixed as future interest, in the interest of justice.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Notarised copy of Power of Attorney submitted by the plaintiff.
Reference:
Ext.A1
Document Type:
Agreement for supply of labours
Submitted By:
Plaintiff
Relevance:
Photocopy of Agreement for supply of labours marked subject to proof.
Reference:
Ext.A2
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
Registration Certificate under GST providing evidence of GST registration.
Reference:
Ext.A3
Document Type:
Certificate of Provisional Registration
Submitted By:
Plaintiff
Relevance:
Certificate providing provisional registration details relevant to the plaintiff's case.
Reference:
Ext.A4
Document Type:
Tax Filing Form
Submitted By:
Plaintiff
Relevance:
Form GSTR-3B for the specified period evidencing compliance with tax regulations.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice sent to the defendant.
Reference:
Ext.A6
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover indicating an attempt to communicate with the defendant.
Reference:
Ext.A7
Document Type:
Ledger Account Statement
Submitted By:
Plaintiff
Relevance:
Computer printout of the Ledger Account Statement covering the specified dates.
Reference:
Ext.A8
Document Type:
Email Printout
Submitted By:
Plaintiff
Relevance:
Computer printout of an email sent, relevant to the plaintiff's claim.
Reference:
Ext.A9
Document Type:
Tax Invoices
Submitted By:
Plaintiff
Relevance:
Collection of tax invoices submitted as part of the evidence.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Hybrid Coatings vs Mr. C.P.A Nazer regarding realisation of money
Case Code Year
Case between M/s. Hybrid Coatings vs Mr. C.P.A Nazer regarding realisation of money