Case Summary
M/s M.M. Publications Ltd, a company, filed a suit against Viswanathan.P for recovery of Rs.60,168/- due from the defendant, who was an agent of the plaintiff company. The defendant disputed the claim, stating no amount was due and requested dismissal of the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to establish that any amount was due from the defendant as alleged and therefore dismissed the suit.
Key Reasoning:
The plaintiff failed to establish that there was any amount due to them.
The plaintiff failed to establish that there was any amount due to them.
Why Defendant Won:
The plaintiff failed to establish that there was any amount due to them.
The plaintiff failed to establish that there was any amount due to them.
Supporting Evidence
The plaint averments and documents did not sufficiently demonstrate the amount claimed was due.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s M.M. Publications Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Viswanathan.P
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified Electronic Bills, Copy of Legal Notice, Postal Receipt, Reply Notice issued by the defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boby George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M/s M.R. Sasi & Associates
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Recovery of Rs. 60,168/- plus interest was sought.
Evidence:
The plaintiff failed to establish that there is any amount due to the plaintiff as alleged.
Documents & Evidence
Document Type:
Certified Electronic Bills
Submitted By:
Plaintiff
Relevance:
Relevant to establish the amounts due from the defendant as per the accounts maintained by the plaintiff.
Reference:
A1
Document Type:
Certified Electronic Bills
Submitted By:
Plaintiff
Relevance:
Evidence of billing and amounts due from the defendant for the specified period.
Reference:
A1(a)
Document Type:
Certified Electronic Bills
Submitted By:
Plaintiff
Relevance:
Clarifies adjustments made and amounts transferred from the advance account.
Reference:
A1(b)
Document Type:
Certified Electronic Bills
Submitted By:
Plaintiff
Relevance:
Further establishes billing history for accounts receivable from the defendant.
Reference:
A1(c)
Document Type:
Certified Electronic Bills
Submitted By:
Plaintiff
Relevance:
Continues the billing history and amounts due.
Reference:
A1(d)
Document Type:
Certified Electronic Bills
Submitted By:
Plaintiff
Relevance:
Final entries in the billing history establishing amounts due.
Reference:
A1(e)
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
A legal demand for payment sent to the defendant to recover the dues.
Reference:
A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the legal notice to the defendant.
Reference:
A3
Document Type:
Reply notice issued by the defendant
Submitted By:
Plaintiff
Relevance:
Defendant's response asserting no amounts were due.
Reference:
A4
Document Type:
True copy of the extract of the Resolution
Submitted By:
Plaintiff
Relevance:
Document related to the agency arrangement.
Reference:
A5
Document Type:
Certified statement of account
Submitted By:
Plaintiff
Relevance:
Summary of transactions and balances related to the defendant.
Reference:
A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between M/s M.M. Publications Ltd vs Viswanathan.P regarding recovery of money due
Case Code Year
Case between M/s M.M. Publications Ltd vs Viswanathan.P regarding recovery of money due