Case Summary
M/s Nutricreams Pvt. Ltd. is suing M/s Neelagiri Food Products for unpaid dues totaling Rs. 73,169/-. The defendant defaulted on payments despite several requests from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs. 75,700/- to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay Rs. 75,700/- along with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A5 stands unchallenged. No contra evidence adduced. In the absence of any contra evidence, the unchallenged evidence of PW1 and the documents marked as Ext.A1 to A5 proves the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants are hereby directed to pay the amount of Rs. 75,700/- 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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Nutricreams Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Neelagiri Food Products
- Relation
- Represented by
Plaintiffs Documents
Statement of account, lawyer notice, postal receipt, postal A/d card, reply notice.
Defendants Documents
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:
Plaintiff sought recovery of Rs. 73,169/- from the defendant
Evidence:
thereby, the liability of the defendant towards the plaintiff firm stands proved. From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief prayed for.
Documents & Evidence
Document Type:
Ledger Book statement
Submitted By:
Plaintiff
Relevance:
Proves the total arrears owed by the defendant
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Formal notice issued to the defendant regarding the outstanding dues
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant
Reference:
Ext.A3
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer notice to the defendant
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Defendant's acknowledgment of liability and payment willingness
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
OS.
Case Code Year
2024