Case Summary
The plaintiff, M/s. KVN Impex (P) Ltd., is a private limited company seeking to recover outstanding dues from the defendants, who are partners of M/s. V.V.Poly Pack. The suit involves claims of unpaid amounts for plastic raw materials supplied on credit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs.25,61,908/- to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount of Rs.25,61,908/- along with interest. The relief includes interest from the date of the suit until realization.
Why Plaintiff Won:
The defendants failed to repay the outstanding amount despite demands.
The defendants failed to repay the outstanding amount despite demands.
Losing Side's Weaknesses:
The defendants failed to repay the outstanding amount despite demands.
The defendants failed to repay the outstanding amount despite demands.
Supporting Evidence
The unchallenged oral testimony of PW1 coupled with documents Exts. A1 to A6 very well shows that the defendants failed to repay the outstanding amount with interest to plaintiff and now an amount of Rs.25,61,908/- is due from the defendants to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Defendants are directed to pay an amount of Rs.25,61,908/- (Rupees twenty five lakh sixty one thousand nine hundred and eight only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. KVN Impex (P) Ltd.
- Party Role
- Defendant
- Party Name
- M/s. V.V.Poly Pack
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Selvaraj Vinod
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Sneha Selvaraj
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Extract of the minutes of plaintiff company dated 09.08.2021, Ledger account from 01.04.2017 to 31.03.2018, Tax invoices dated 31.05.2017, 20.06.2017, 29.06.2017, and 06.07.2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lakshmi.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Rugmini.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Directing the defendants to pay an amount of Rs.25,61,908/- to the plaintiff.
Evidence:
Accordingly, the suit is liable to be decreed directing the defendants to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
Entitlement for interest at the rate of 6% per annum from the date of the suit till realization of the decree.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement for costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Extract of the minutes of plaintiff company
Submitted By:
Plaintiff
Relevance:
Shows the authority of the plaintiff company in the suit.
Reference:
Ext.A1
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding balance due from the defendants to the plaintiff.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Details a specific transaction between the plaintiff and the defendant for payment.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Details a specific transaction between the plaintiff and the defendant for payment.
Reference:
Ext.A4
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Details a specific transaction between the plaintiff and the defendant for payment.
Reference:
Ext.A5
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Details a specific transaction between the plaintiff and the defendant for payment.
Reference:
Ext.A6
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s. KVN Impex (P) Ltd. vs M/s. V.V.Poly Pack et al regarding realisation of amount
Case Code Year
Case between M/s. KVN Impex (P) Ltd. vs M/s. V.V.Poly Pack et al regarding realisation of amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act