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
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.
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
Plaintiffs
M/s. Hybrid Coatings (Age not specified years)
VI/75C, Binanipuram P. O, Industrial Development Area, Edayar, Aluva – 683 502
Defendants
Mr. C.P.A Nazer (48 years)
29/1139, Kadavungal House, Justice Road, Vyttila, Kochi – 682 019
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