Case Summary
The plaintiffs, M/s Indo German Carbons Limited and M/s Active Char Products Pvt. Ltd., are seeking repayment for an excess payment made to the defendant, N K Manjunath, for charcoal supplied. The defendant failed to refund the duplicated payment despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.7,55,334/- along with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff has established a case and is entitled to the recovery of funds mistakenly transferred to the defendant.
The plaintiff has established a case and is entitled to the recovery of funds mistakenly transferred to the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.7,55,334/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
M/s Indo German Carbons Limited (Age not specified years)
57/3, Old Mosque Road, Edayar Industrial Area, Binanipuram, Pin- 683502
M/s Active Char Products Pvt. Ltd. (Age not specified years)
B No. 615, Industrial Development Area, Binanipuram, Edayar, Kochi, Pin- 683502
Defendants
N K Manjunath (Age not specified years)
Dathathreya layout, Maruthy Nagar, Arishere Tq, Hassan District, Karnataka, Pin- 573103
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs seek recovery of Rs.7,55,334/- with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.7,55,334/- (Rupees Seven lakhs fifty five thousand three hundred and thirty four only) along with interest @12% per annum from the date of suit...
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled to realize the costs of the suit.
Evidence:
Plaintiffs are also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued to the 2nd plaintiff for the charcoal supplied.
Reference:
Ext.A1
Document Type:
Weigh Bill
Submitted By:
Plaintiff
Relevance:
Weigh bill issued for the consignment of charcoal.
Reference:
Ext.A2
Document Type:
Payment Advice Slip
Submitted By:
Plaintiff
Relevance:
Copy of payment advice slip sent to the defendant.
Reference:
Ext.A3
Document Type:
Raw Material Analysis Report
Submitted By:
Plaintiff
Relevance:
Report detailing the analysis of the charcoal consignment.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the 1st plaintiff detailing the payment made to the defendant.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the 2nd plaintiff detailing the duplicate payment made.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate relating to the account statement of the 1st plaintiff.
Reference:
Ext.A5(a)
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate relating to the account statement of the 2nd plaintiff.
Reference:
Ext.A6(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent to the defendant requesting repayment.
Reference:
Ext.A9
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Returned registered postal cover containing acknowledgment of the notice sent to the defendant.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony of the Managing Director of Plaintiffs as PW1.
Reference: