Case Summary
The plaintiff, M/s. Manuelsons Hotel Pvt Ltd, is suing the defendants for a balance amount of ₹2,37,811/- due for accommodation provided during the National Games. The defendants include the District Collector and the State of Kerala, who claim that they have settled the account based on actual occupancy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
D1 shall pay an amount of 2,37,811/- with 18% interest per annum from 07.04.2015 till payment.
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay ₹2,37,811/- with interest and costs.
Why Plaintiff Won:
The plaintiff was entitled to the balance amount due as the defendants did not produce any final report on actual occupancy as required.
The plaintiff was entitled to the balance amount due as the defendants did not produce any final report on actual occupancy as required.
Losing Side's Weaknesses:
The plaintiff was entitled to the balance amount due as the defendants did not produce any final report on actual occupancy as required.
The plaintiff was entitled to the balance amount due as the defendants did not produce any final report on actual occupancy as required.
Supporting Evidence
In the absence of such report also, the stipulation in Ext.A3 proceedings cannot be taken into consideration.
Judgment Evidence:
Accordingly, issues 2 to 4 are answered in favour of the plaintiff. D1 shall pay an amount of 2,37,811/- with 18% interest per annum from 07.04.2015 till payment to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Manuelsons Hotel Pvt Ltd
- Party Role
- Defendant
- Party Name
- District Collector, Kozhikode & General Convener, DOC, National Games Organizing Committee
- Party Role
- Defendant
- Party Name
- State of Kerala represented by District Collector, Kozhikode
Plaintiffs Documents
Certificate of incorporation, Minutes of the meeting of the Board of Directors, Proceedings of General Convener & District Collector National Games.
Defendants Documents
Agreement between Plaintiff and Defendants, Bill submitted by Plaintiff.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.N.Harish Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.K.Biju Roshan
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff’s claim for the balance amount due.
Evidence:
Defendant is liable to pay 2,37,811/- with 18% interest per annum from 07.04.2015 till payment.
Relief Type:
Costs
Outcome:
Granted
Description:
Order for costs of the suit.
Evidence:
D1 shall pay costs of the suit.
Documents & Evidence
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Establishes the legal status of the plaintiff company.
Reference:
Ext.A1
Document Type:
Minutes of the meeting of the Board of Directors
Submitted By:
Plaintiff
Relevance:
Authorizes PW1 to adduce evidence for the plaintiff company.
Reference:
Ext.A2
Document Type:
Proceedings of General Convener & District Collector National Games
Submitted By:
Court
Relevance:
Details the arrangements for the National Games and payment structure.
Reference:
Ext.A3
Document Type:
Bill submitted to the defendants
Submitted By:
Plaintiff
Relevance:
Documents the amount claimed by the plaintiff for services rendered.
Reference:
Ext.A4
Document Type:
Lawyers notice and postal receipts
Submitted By:
Plaintiff
Relevance:
Demonstrates that notice under Section 80 C.P.C. was served.
Reference:
Ext.A5 Series
Document Type:
Proceedings of the Chief Commissioner and Principal Coordinator, National Games
Submitted By:
Plaintiff
Relevance:
Sanctions the claim of the plaintiff including retention charges.
Reference:
Ext.A6
Document Type:
Proceedings of General Convener and District Collector National Games
Submitted By:
Defendant
Relevance:
Original document detailing the booking of rooms.
Reference:
Ext.B1
Document Type:
Agreement between plaintiff and defendants
Submitted By:
Defendant
Relevance:
Formalizes the arrangement between parties regarding room bookings.
Reference:
Ext.B2
Document Type:
Bill submitted by Plaintiff
Submitted By:
Plaintiff
Relevance:
Contains retention charges and breakdown of amounts owed.
Reference:
Ext.B3
Document Type:
Receipt issued by Plaintiff
Submitted By:
Plaintiff
Relevance:
Confirms payment received from defendants.
Reference:
Ext.B4
Document Type:
Receipt for Rs. 347186 issued by Plaintiff
Submitted By:
Plaintiff
Relevance:
Confirms additional payment made by defendants.
Reference:
Ext.B5
Document Type:
Payment Voucher
Submitted By:
Defendant
Relevance:
Shows payment made by defendants to the plaintiff.
Reference:
Ext.B6
Document Type:
Payment Voucher
Submitted By:
Defendant
Relevance:
Documents another payment made by defendants.
Reference:
Ext.B7
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between M/s. Manuelsons Hotel Pvt Ltd vs District Collector, Kozhikode & State of Kerala regarding realization of amount.
Case Code Year
Case between M/s. Manuelsons Hotel Pvt Ltd vs District Collector, Kozhikode & State of Kerala regarding realization of amount.