Case Summary
The plaintiff, M/s M D George and Company, asserts ownership of property and seeks recovery of unpaid rent from the defendant, M/s Zillion Infrastructure (P) Ltd., along with a mandatory injunction to remove their machinery from the premises. The defendant failed to appear in court and was set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,38,000/- along with interest and is directed to remove all its machinery and equipment from the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established ownership and unpaid dues.
Plaintiff established ownership and unpaid dues.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,38,000/- (Rupees Two lakhs thirty eight thousand only) 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. 2) Defendant is directed by a mandatory injunction to remove all its machinery and equipment garaged in the plaint schedule property. 3) Defendant is directed to pay costs of the suit to plaintiff.
Parties Involved
Plaintiffs
M D George (67 years)
Madapilly House, Edathala P O, Pukkattupady, Ernakulam District.
Defendants
M/s Zillion Infrastructure (P) Ltd. (Age not specified years)
B/2 Kamdar Park, Gokhala Road, Dadar Mumbai - 400 028.
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.2,38,000/- plus interest from the defendant.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,38,000/- with interest 12% per annum from defendant
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff requested removal of all machinery and equipment from the property.
Evidence:
Defendant is directed by a mandatory injunction to remove all its machinery and equipment garaged in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff was awarded costs of the suit.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish the demand for payment to the defendant.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the registered lawyer notice.
Reference:
Ext.A2
Document Type:
Registered lawyer notice returned with postal endorsement as unclaimed
Submitted By:
Plaintiff
Relevance:
This document indicates that the defendant evaded receipt of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Original of the deed of partnership of plaintiff firm
Submitted By:
Plaintiff
Relevance:
This document was submitted to confirm the plaintiff's legal standing in the case.
Reference:
Ext.A4