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O.S No. 1082/2020

Case between M/s. Muthoot Motors vs Prasad M.M regarding recovery of money

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-09-30
Duration
approximately-4 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Plaintiff, a partnership firm, is seeking to recover ₹25,000 from the Defendant regarding unpaid service bills for a vehicle. The Defendant contests the Plaintiff's claims and alleges poor service.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the Plaintiff. The Defendant is ordered to pay ₹25,000 along with interest and to remove his vehicle from the Plaintiff's premises.
Judgment Favored
Plaintiff
Relief Granted
Defendant is ordered to pay ₹25,000 along with interest at the rate of 6% per annum and to remove his vehicle from Plaintiff’s premises at the defendant’s cost.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the Plaintiff. The Defendant is ordered to pay ₹25,000 along with interest and to remove his vehicle from the Plaintiff's premises.
Why Plaintiff Won:
The Plaintiff proved their entitlement to the amount claimed based on the continuous use of parking space.
Losing Side's Weaknesses:
The Plaintiff proved their entitlement to the amount claimed based on the continuous use of parking space.
Supporting Evidence
The plaintiff has satisfactorily proved his cause. No significant challenge has been made by the defendant to the sum claimed so as to doubt the acceptability of the same.

Judgment Evidence:

In the result, the suit is decreed as follows: 1) The defendant shall pay Rs. 25,000 to the plaintiff along with interest at the rate of 6% per annum from the date of suit till realization. 2) Defendant is hereby ordered to remove his vehicle bearing Registration Number- KL-45-M-5 from plaintiff’s premises at the defendant’s cost and expense.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Muthoot Motors
Party Role
Defendant
Party Name
Prasad M.M
Party Age
41
Plaintiffs Documents
Job Cards, Retail Invoices, Tax Invoices, Legal Notices, Emails
Defendants Documents
Account Statements, Certificates

Advocates

Party Role
Plaintiff
Advocate Name
Adv. John Prakash Bavakkat
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. Jose P Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff's request for recovery of ₹25,000 for unpaid charges was granted.
Evidence:
Thus, Rs.25,000/- as damages is found proper for the continuous use of parking space in the premises owned by the plaintiff for 5 years at the time of filing the suit.
Relief Type: Possession
Outcome: Granted
Description:
Defendant was ordered to remove their vehicle from the plaintiff's premises.
Evidence:
Defendant is hereby ordered to remove his vehicle bearing Registration Number- KL-45-M-5 from plaintiff’s premises at the defendant’s cost and expense.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff was awarded costs of the suit.
Evidence:
Plaintiff shall also be entitled for the costs of the suit.

Documents & Evidence

Document Type: Job Card
Submitted By: Plaintiff
Relevance:
These documents include various service records and invoices related to the maintenance of the defendant's vehicle, which were used to substantiate the plaintiff's claims regarding unpaid service bills and the condition of the vehicle.
Reference:
Ext.A1 to A19
Document Type: Pass Book
Submitted By: Defendant
Relevance:
These documents were presented by the defendant but did not materially affect the resolution of the dispute.
Reference:
Ext.B1 to B2
Document Type: Account Statement
Submitted By: Defendant
Relevance:
This statement was introduced by the defendant but was not foundational to the court's decision.
Reference:
Ext.B3
Document Type: Certificates
Submitted By: Defendant
Relevance:
These certificates were related to evidence but did not support claims significantly.
Reference:
Ext.B4 to B5
Document Type: Assurance Certificate
Submitted By: Defendant
Relevance:
This document was used by the defendant to claim acknowledgment of the service deficiencies but was disputed during the proceedings.
Reference:
Ext.B6
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral testimonies provided by witnesses from both parties were considered during the hearing.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Muthoot Motors vs Prasad M.M regarding recovery of money
Case Code Year
Case between M/s. Muthoot Motors vs Prasad M.M regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 12/01/2020 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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