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O.S No. 1601/2015

Case between M/s Mathsraman Manufacturers and Traders Private Limited vs M/s Indo Marine Engineering company Private limited regarding recovery of money

Court
I Additional Munsiff Court, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-11-28
Duration
approximately-10 years 11 months 28 days
Case Closed
Thu, 11/28/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s Mathsraman Manufacturers and Traders Private Limited filed a suit against M/s Indo Marine Engineering company Private limited for recovery of money prior lawfully owed for gearboxes supplied. The defendant failed to make payment despite repeated requests.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed directing the defendant to pay an amount of ₹8,38,494/- with 9% interest per annum. The counter-claim by the defendant is dismissed due to their absence during the trial.
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay ₹8,38,494/- with 9% interest per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendant to pay an amount of ₹8,38,494/- with 9% interest per annum. The counter-claim by the defendant is dismissed due to their absence during the trial.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, the suit is decreed directing the defendant to pay an amount of 8,38,494/- (Rupees Eight lakhs Thirty Eight Thousand Four Hundred and Ninety Four only) with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Mathsraman Manufacturers and Traders Private Limited
Relation
Represented by
Party Role
Defendant
Party Name
M/s Indo Marine Engineering company Private limited
Relation
Represented by
Plaintiffs Documents
Invoice No: 022/Excise/13-14, Legal notice dated 08.09.2015, Delivery acknowledgment
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
R.Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sibi Karun
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas M Jacob
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jerry Sebastian
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought to recover Rs. 8,38,494/- from the defendant.
Evidence:
The suit is decreed directing the defendant to pay an amount of 8,38,494/- (Rupees Eight lakhs Thirty Eight Thousand Four Hundred and Ninety Four only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to costs.
Evidence:
The plaintiff is also entitled to the costs.
Relief Type: Counter-claim
Outcome: Rejected
Description:
Defendant's counter-claim was dismissed.
Evidence:
Counter-claim is hereby dismissed since the plaintiff in the counter claim remained absent when the suit was posted for evidence.

Documents & Evidence

Document Type: E-mail Communication
Submitted By: Plaintiff
Relevance:
Issued by the defendant, relevant to the claims made by the plaintiff.
Reference:
Ext.A1
Document Type: Certificate under Section 65B of the Indian Evidence Act
Submitted By: Plaintiff
Relevance:
Certifies the e-mail communication issued by the defendant, supporting the plaintiff's claims.
Reference:
Ext.A2
Document Type: Invoice
Submitted By: Plaintiff
Relevance:
True copy of the invoice for the sum of Rs. 6,29,194/- issued by the plaintiff, substantiating the amount claimed.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of the legal notice issued by the plaintiff to the defendant, highlighting the demand for outstanding payment.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt for sending the lawyer notice to the defendant, evidencing the communication attempt.
Reference:
Ext.A5
Document Type: Acknowledgment Debit Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of the letter signed by the defendant, supporting the plaintiff's claim.
Reference:
Ext.A6
Document Type: Letter from courier service
Submitted By: Plaintiff
Relevance:
Letter issued by M/s Blue Dart Express Ltd. for the plaintiff, confirming delivery of the goods.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s Mathsraman Manufacturers and Traders Private Limited vs M/s Indo Marine Engineering company Private limited regarding recovery of money
Case Code Year
Case between M/s Mathsraman Manufacturers and Traders Private Limited vs M/s Indo Marine Engineering company Private limited regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 08/08/2015 - 12:00
Case Closed
Thu, 11/28/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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