Case Summary
The plaintiffs, a partnership firm and its partners, are suing the defendants for unpaid debts from grocery items purchased. The defendants issued cheques that were dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are hereby directed to pay the amount of Rs. 63,349/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence provided by the plaintiffs was unchallenged and sufficient to prove the defendants' liability.
The evidence provided by the plaintiffs was unchallenged and sufficient to prove the defendants' liability.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants are hereby directed to pay the amount of Rs. 63,349/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Parties Involved
Plaintiffs
M/s. Nambiattududy Modern Rice Mill (Age not specified years)
Koovappady P.O., Perumbavoor, Ernakulam District, Kerala – 683544
Antony N. P. (57 years years)
House No.82A, Nambiattukudy House, Thannipuzha, Okkal P.O, Ernakulam District, Kerala – 683550
Treesa George (58 years years)
Nambiattukudy House, Rayonpuram P O, Ernakulam District, Kerala – 683543
Defendants
M/s. Asif Stores (Age not specified years)
K.S.P-XVII/861, Manoothara, Kochammood, Khulasherapuram, Kollam - 690542
Nissar (Age not specified years)
Othambisseril, Aadinad P.O., Adinad South, Karunagappally,- 690544
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recovery of the amount due along with interest.
Evidence:
The defendants are hereby directed to pay the amount of Rs. 63,349/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Proves the sale of goods to the defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant towards payment, which was dishonoured.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the first cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the defendant which was also dishonoured.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the second cheque was returned due to insufficient funds.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Further cheque issued by the defendant that was presented for payment.
Reference:
Ext.A6
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the third cheque was returned due to discrepancies.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the defendants regarding the payment.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of communication with the defendants.
Reference:
Ext.A9 series
Document Type:
Postal A/d Cards
Submitted By:
Plaintiff
Relevance:
Related to communication sent to the defendants.
Reference:
Ext.A10 series
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Relates to the envelope containing notice sent to the defendant.
Reference:
Ext.A11
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legal formation of the plaintiff firm.
Reference:
Ext.A12
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Documents the decision or authority of the firm regarding this case.
Reference:
Ext.A13