O.S. No.588/2023

Case between M/s. Neptune Readymix Concrete (Pvt) Ltd. vs Mr. Mathew Thomas regarding realization of money.

Court

II Additional Munsiff, Ernakulam

Judge

Smt. Maneesha K Bhadran

Order Date

2024-02-29

Duration

Case Closed

Thu, 02/29/2024 - 12:00

Judgement document from eCourt website

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Case Summary

M/s. Neptune Readymix Concrete (Pvt) Ltd. filed a suit against Mr. Mathew Thomas for the recovery of an outstanding amount of Rs.4,61,402/- due for readymix concrete supplied. The plaintiff established a case for the payment after the cheque issued by the defendant was dishonored.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiff, and the defendant is directed to pay Rs.4,61,402/- with interest from the date of suit.

Judgment Favored

Plaintiff

Relief Granted

Plaintiff is entitled to realize Rs.4,61,402/- with interest.

Case Type

Civil Suit

Final Judgment

The suit is decreed in favor of the plaintiff, and the defendant is directed to pay Rs.4,61,402/- with interest from the date of suit.

Why Plaintiff Won:
Plaintiff has established a case for realization of money due for supplied concrete.

Losing Side's Weaknesses:
Plaintiff has established a case for realization of money due for supplied concrete.

Supporting Evidence

On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,61,402/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Plaintiff is entitled to realize Rs.4,61,402/- with interest @ 12% per annum on the principal amount of Rs.3,26,850/- from the date of suit till decree and thereafter @ 6% per annum till realization.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: M/s. Neptune Readymix Concrete (Pvt) Ltd.
Relation: represented by

Party Role: Defendant
Party Name: Mr. Mathew Thomas
Party Age: 50

Plaintiffs Documents

True extract of the resolution of Board of Directors of M/s. Neptune Readymix Concrete (P) Ltd., Order confirmation form No. 635 for 100 M3 of M30 Grade of readymix concrete, Tax Invoices for Rs. 40,949.99, Delivery Dockets.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Adv. John Joseph Vettikad
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Advs. Jijo Thomas
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Aneesh James
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: M.D. Beena
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Neha Vijay
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiff is entitled to realize Rs.4,61,402/- with interest.

Evidence:

plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,61,402/- with interest from defendant.

Relief Type: Other

Outcome: Granted

Description:

Defendant shall be personally and his assets shall be liable to satisfy the decree debt.

Evidence:

Defendant shall be personally and his assets shall be liable to satisfy the decree debt.

Relief Type: Other

Outcome: Granted

Description:

Plaintiff is also entitled to realize the costs of the suit.

Evidence:

Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Order confirmation form

Submitted By: Plaintiff

Relevance:

Executed order confirmation form for supply of readymix concrete.

Reference:

Ext.A2

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A3

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A4

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A5

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A6

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A7

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A8

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A9

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A10

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A11

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A12

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A13

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A14

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A15

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A16

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A17

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance:

Tax invoice evidencing the charge for readymix concrete supplied.

Reference:

Ext.A18

Document Type: Delivery Docket

Submitted By: Plaintiff

Relevance: