Case Summary
The plaintiffs, M/s. Kemi Veneers, are seeking to recover an outstanding amount of Rs. 1,72,653/- from the defendants, M/s. Evergreen Plywood and Hardware, related to plywood purchases on credit. The case involves a breach of agreed payment terms by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 2,08,046/- along with 12% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, directing the defendants to pay Rs. 2,08,046/- with interest. The defendants failed to appear in court, resulting in a decision based on the plaintiffs' evidence.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence proving the defendants' liability to pay the amount due.
The plaintiff provided unchallenged evidence proving the defendants' liability to pay the amount due.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence proving the defendants' liability to pay the amount due.
The plaintiff provided unchallenged evidence proving the defendants' liability to pay the amount due.
Supporting Evidence
The unchallenged evidence of PW1 along with the documents marked as Ext.A1 to A6, in the absence of any contra evidence proves the case of the plaintiff that the defendants are liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay the amount of Rs. 2,08,046/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Kemi Veneers
- Party Role
- Plaintiff
- Party Name
- M M Mujib Rahman
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muneera
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Evergreen Plywood and Hardware
- Party Role
- Defendant
- Party Name
- Salim V B
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Andaman Plywood Agency
- Party Role
- Defendant
- Party Name
- Premkumar Bihani
- Relation
- Represented by
Plaintiffs Documents
Partnership deed of M/s. KEMI Veneers, Acknowledgment of registration of firm, true extract of ledger account of Evergreem Plywood and Hardware, lawyer's notice issued by the defendant, office copy of the reply notice, postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K Mathewson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs requested the recovery of Rs. 1,72,653/- along with interest.
Evidence:
The defendants are hereby directed to pay the amount of Rs. 2,08,046/- along with 12% per annum as interest from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Established the registration and legitimacy of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
Confirmed the legal status of the plaintiff firm.
Reference:
Ext.A2
Document Type:
Ledger Account Extract
Submitted By:
Plaintiff
Relevance:
Provided evidence of the financial transaction between the plaintiff and defendants.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Contained the false allegations made by the second defendant against the plaintiff.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Addressed the allegations raised in the defendant's lawyer notice.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided proof of communication regarding the transaction.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
Case between M/s. Kemi Veneers vs M/s. Evergreen Plywood and Hardware regarding realisation of money.
Case Code Year
Case between M/s. Kemi Veneers vs M/s. Evergreen Plywood and Hardware regarding realisation of money.