Case Summary
The plaintiff, M/s. Nutricreams Pvt. Ltd., is a company claiming Rs. 3,14,960 from the defendant, M/s. Fortune Marketing, for outstanding dues from ice cream purchases on credit. The defendant failed to respond to payment requests and has not made any payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize the plaint claim of Rs. 3,26,500 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the plaintiff to recover Rs. 3,26,500 from the defendant with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff's witness and the documents proved the defendant's liability.
The unchallenged evidence of the plaintiff's witness and the documents proved the defendant's liability.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff's witness and the documents proved the defendant's liability.
The unchallenged evidence of the plaintiff's witness and the documents proved the defendant's liability.
Supporting Evidence
The evidence tendered by PW1 and the documents produced and marked as Ext.A1 to A4 stands unchallenged. No contra evidence adduced.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise the plaint claim of Rs. 3,26,500/- from the defendant with interest at the rate of 6% per annum from the date of the suit till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Nutricreams Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Stephen M D
- Party Age
- 37
- Relation
- Managing Director
- Party Role
- Defendant
- Party Name
- M/s. Fortune Marketing
- Relation
- Represented but is Proprietor
- Party Role
- Defendant
- Party Name
- Rajesh P S
- Relation
- S/o. Sukumaran
Plaintiffs Documents
Account state of the defendant, Notice dated 31/08/2024, Postal receipt dated 31/08/2024, Unclaimed letter dated 13/09/2024
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jeemon John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhila Lovis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kevin Shibu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhila N S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bhagyalakshmi C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the plaint claim of Rs. 3,26,500/- from the defendant.
Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise the plaint claim of Rs. 3,26,500/- from the defendant with interest at the rate of 6% per annum from the date of the suit till the date of realisation.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document provides the account state of the defendant from 01/01/22 to 22/06/23, evidencing the outstanding dues.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of the lawyer notice issued to the defendant regarding the outstanding amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the postal dispatch of the notice.
Reference:
Ext.A3
Document Type:
Unclaimed Letter
Submitted By:
Plaintiff
Relevance:
This document confirms the unclaimed status of the notice sent to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between M/s. Nutricreams Pvt. Ltd. vs M/s. Fortune Marketing regarding realization of money
Case Code Year
Case between M/s. Nutricreams Pvt. Ltd. vs M/s. Fortune Marketing regarding realization of money