Case Summary
The plaintiffs, M/S Nebula Electricals and K J Raju, are seeking recovery of money from the defendants, including the Executive Engineer of KWA and the Government of Kerala. The case revolves around an electrical contract related to the supply and erection of a pump set that the defendants allegedly failed to pay for.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiffs for recovery of money, stating that the plaintiffs did not prove completion of work as per the contract. It was also found that they were barred by limitation from claiming the amount.
Key Reasoning:
The plaintiffs failed to prove completion of work and the case was barred by limitation.
The plaintiffs failed to prove completion of work and the case was barred by limitation.
Why Defendant Won:
The plaintiffs failed to prove completion of work and the case was barred by limitation.
The plaintiffs failed to prove completion of work and the case was barred by limitation.
Supporting Evidence
The plaintiff has not proved completion as per the contract. Entitlement flows from proof of performance.
Judgment Evidence:
In the result: the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S Nebula Electricals
- Party Role
- Plaintiff
- Party Name
- K J Raju
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Executive Engineer, P H Division KWA
- Party Role
- Defendant
- Party Name
- M/s. Kerala Water Authority
- Relation
- represented by its Managing Director
- Party Role
- Defendant
- Party Name
- Government of Kerala
- Relation
- represented by District Collector
Plaintiffs Documents
Work order No.AB4-1896/03, Tender agreement No. 36/EE/PHK/03-04
Defendants Documents
Original work order No AB4.1896/03, Reply notice
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joshy Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K M George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiffs sought recovery of the balance contract amount.
Evidence:
In view of the adverse findings on Issue No.1, it is found that the plaintiff is not entitled to any reliefs.
Documents & Evidence
Document Type:
Work Order
Submitted By:
Plaintiff
Relevance:
It contains the details of the work awarded to the plaintiffs under the ARWSS Programme.
Reference:
Ext.A2
Document Type:
District Collector Proceedings
Submitted By:
Plaintiff
Relevance:
It provides context regarding administrative actions related to the project.
Reference:
Ext.A1
Document Type:
Letter from Assistant Executive Engineer
Submitted By:
Plaintiff
Relevance:
It relates the instructions for the project execution.
Reference:
Ext.A3
Document Type:
Letter to District Collector
Submitted By:
Plaintiff
Relevance:
It includes correspondence regarding the project's payment and approvals.
Reference:
Ext.A4
Document Type:
Suit Notice
Submitted By:
Plaintiff
Relevance:
Formally notifies the defendants regarding the suit.
Reference:
Ext.A6
Document Type:
Reply Notice from Executive Engineer
Submitted By:
Plaintiff
Relevance:
Provides the defendants' response to the plaintiffs' claims.
Reference:
Ext.A9
Document Type:
Bill File
Submitted By:
Plaintiff
Relevance:
Contains documentation related to the financial aspects of the contract.
Reference:
Ext.A10
Document Type:
Tender Agreement
Submitted By:
Defendant
Relevance:
Details the original agreement for the work.
Reference:
Ext.B1
Document Type:
Work Order
Submitted By:
Defendant
Relevance:
Original work order issued for the project.
Reference:
Ext.B2
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Original agreement related to the project execution.
Reference:
Ext.B3
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Acknowledges the plaintiffs' claims and provides the defendants' stance.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between M/S Nebula Electricals vs Executive Engineer, P H Division KWA et al regarding recovery of money and other reliefs
Case Code Year
Case between M/S Nebula Electricals vs Executive Engineer, P H Division KWA et al regarding recovery of money and other reliefs