Case Summary
The plaintiff, M/s Novelty Textiles, is seeking recovery of a debt from the defendants, M/s Biju Wedding Centre and its proprietor, due to unpaid dues amounting to Rs. 2,77,241. The case involves issues related to dishonored cheques and failure to settle accounts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are ordered to pay Rs. 2,77,241 with 12% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided unchallenged evidence that proved their claims regarding the unpaid dues and dishonored cheque.
The plaintiff provided unchallenged evidence that proved their claims regarding the unpaid dues and dishonored cheque.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 2,77,241/- (Rupees Two Lakh Seventy Seven Thousand Two Hundred and Forty One Only) with 12 % interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
M/s Novelty Textiles (Age not specified years)
40/2102,2103, Market road, Opposite South Indian Bank, Ernakulam, Pin – 682 035
Defendants
M/s Biju Wedding Centre (Age not specified years)
Biju Building, Main road, Opp. Canara Bank, Thalayolaparambu, Vaikom, Kottayam – 686 605
Biju (42 years years)
Biju building, Main road, Opp. Canara Bank, Thalayolaparambu, Vaikom, Kottayam – 686 605
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's request for recovery of ₹2,77,241/- with interest was granted, except for the interest part, which was allowed reasonably.
Evidence:
The suit is decreed directing the defendant to pay an amount of 2,77,241/- (Rupees Two Lakh Seventy Seven Thousand Two Hundred Forty One Only) with 12 % interest per annum from the date of suit till the date of decree.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
The plaintiff claimed future interest at 18% per annum, which was not fully granted.
Evidence:
The present claim is restricted to the period commencing from 15.12.2022.
Documents & Evidence
Document Type:
Certified true copies of the Resolution passed at the meeting of the Board of Directors of Novelty Clothing Pvt Ltd.
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim by establishing the company's authority and decisions.
Reference:
Ext.A1
Document Type:
Account statement of the defendant from 17/09/19 to 05/12/22
Submitted By:
Plaintiff
Relevance:
This document provides a detailed record of the transactions and outstanding balances between the parties.
Reference:
Ext.A2
Document Type:
Original cheque issued by the Federal Bank, Thalayolaparambu Branch
Submitted By:
Plaintiff
Relevance:
This document is crucial as it demonstrates the cheque issued by the defendant for the claimed amount.
Reference:
Ext.A3
Document Type:
Dishonour Memo issued by South Indian Bank, Ernakulam Market road Branch
Submitted By:
Plaintiff
Relevance:
This document confirms that the cheque was dishonored, supporting the plaintiff's claim of non-payment.
Reference:
Ext.A4
Document Type:
Lawyer notice issued to the defendants
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the plaintiff formally demanded payment from the defendants.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document acts as proof of the dispatch of legal communications to the defendants.
Reference:
Ext.A6
Document Type:
A/d card of the lawyer notice issued to the 1st defendant
Submitted By:
Plaintiff
Relevance:
This document provides evidence of receipt of legal notice by the first defendant.
Reference:
Ext.A7
Document Type:
A/d card of the lawyer notice issued to the 2nd defendant
Submitted By:
Plaintiff
Relevance:
This document provides evidence of receipt of legal notice by the second defendant.
Reference:
Ext.A8
Document Type:
Original of the power of attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes the Managing Director to represent the plaintiff, verifying standing in court.
Reference:
Ext.A9
Document Type:
Certified copy of the account statement of the defendant from 17.09.19 to 05.12.22 along with certificate under section 65B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
This document is a verified account statement, crucial for evidencing the transactions.
Reference:
Ext.A10