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
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay ₹8,38,494/- with 9% interest per annum
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved 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
Plaintiffs
M/s Mathsraman Manufacturers and Traders Private Limited (Age not specified years)
Plot no. 71-72, Major Industrial Estate, South Kalamassery, Kalamassery Industrial Estate P.O, Ernakulam, Kerala, Pin – 683 109
Defendants
M/s Indo Marine Engineering company Private limited (Age not specified years)
A-7, Pavana Industrial Estate, MIDC, Bhosari, Pune – 411 026
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