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
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.
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
Plaintiffs
M/s. Muthoot Motors (Cochin) JLR Division (Age not specified years)
The Grand Aluva, Ernakulam Road, Palarivattom, Cochin 682 025
Mr. Gimson Jose (36 years)
Charly Mathew (42 years)
Defendants
Usman Sheikh C.A (Age not specified years)
Bi Tul Khaleel, Ambileri, Kalpatta P.O. Wayanad-673 122
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