Case Summary
M/s. Muthoot Motors, a service center for Jaguar and Range Rover in Kerala, filed a suit against Usman Sheikh for recovery of payment related to vehicle servicing. The defendant failed to pay despite repeated reminders, leading to the suit for recovery of dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,00,833/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the recovery of the claimed amount along with specified interest. The defendant was found in default for non-appearance.
Why Plaintiff Won:
The plaintiff established their case through unchallenged testimony and evidence, proving their claim for the due amount.
The plaintiff established their case through unchallenged testimony and evidence, proving their claim for the due amount.
Losing Side's Weaknesses:
The plaintiff established their case through unchallenged testimony and evidence, proving their claim for the due amount.
The plaintiff established their case through unchallenged testimony and evidence, proving their claim for the due amount.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Exts. A1 to A7 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.2,00,833/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Muthoot Motors (Cochin) JLR Division
- Party Role
- Plaintiff
- Party Name
- Mr. Gimson Jose
- Party Age
- 36
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Charly Mathew
- Party Age
- 42
- Party Role
- Defendant
- Party Name
- Usman Sheikh C.A
Plaintiffs Documents
Authorization letter dated 21.11.2024, Tax invoices dated 02.11.2019, letters issued to the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Prakash Bavakkat
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.2,00,833/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.2,00,833/- (Rupees two lakhs eight hundred and thirty three only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at different rates until realization.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,00,833/- (Rupees two lakhs eight hundred and thirty three only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Subsequent interest at a lower rate until realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,00,833/-(Rupees two lakhs eight hundred and thirty three only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document confirms the authorization for the representative of the plaintiff.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
This invoice indicates the charges for the service provided to the defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
This invoice confirms additional charges for further service to the defendant's vehicle.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This document serves as a reminder for payment to the defendant.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is a response from the defendant regarding the service issues.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is an additional communication from the plaintiff to the defendant.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the defendant regarding the pending payment.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Recovery and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Muthoot Motors (Cochin) JLR Division et al vs Usman Sheikh C.A regarding realization of money
Case Code Year
Case between M/s. Muthoot Motors (Cochin) JLR Division et al vs Usman Sheikh C.A regarding realization of money