Case Summary
M/s. Organic Brand Promotion Services Pvt. Ltd. filed a suit against M/s. Dream Flower Housing Projects Pvt. Ltd. for recovery of due payments related to branding services. The plaintiff claims an outstanding amount of Rs.2,54,012/- from the defendant but the defendant disputes the claims stating all amounts were settled.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize an amount of Rs.1,78,737/- from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff allowing recovery of Rs.1,78,737/- from the defendant with interest. It found that the plaintiff proved its claims of outstanding payments against the defendant.
Why Plaintiff Won:
The plaintiff proved its case beyond the preponderance of probabilities, showing that the defendant legally owes the claimed amount.
The plaintiff proved its case beyond the preponderance of probabilities, showing that the defendant legally owes the claimed amount.
Losing Side's Weaknesses:
The plaintiff proved its case beyond the preponderance of probabilities, showing that the defendant legally owes the claimed amount.
The plaintiff proved its case beyond the preponderance of probabilities, showing that the defendant legally owes the claimed amount.
Supporting Evidence
The substantive evidence given by PW1 in this regard was not shaken. Therefore, the plaintiff is entitled to get a decree for realization of Rs.1,78,737/- from the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows; The plaintiff is allowed to realize an amount of Rs.1,78,737/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Organic Brand Promotion Services Pvt. Ltd.
- Party Role
- Plaintiff
- Party Name
- Dileep Narayanan
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Dream Flower Housing Projects Pvt. Ltd.
Plaintiffs Documents
GST Invoice No. D062003, GST Invoice No. P062013, GST Invoice No. D072001, Copy of demand notice, Original acknowledgment card, Ledger account from 01.04.2020 to 31.03.2021, Ledger account from 01.04.2021 to 31.08.2021, Print out of e-mail dated 20.06.2020, Print out of e-mail dated 23.07.2020
Defendants Documents
Notice sent by the plaintiff company dated 14.12.2020, Postal cover of Ext B1, Email communication dated 15.10.2020, Original Acknowledgment bill wise settlement ledger No.A1, Original acknowledgment bill wise settlement ledger No.5, Office copy of covering letter dated 08.05.2020, Office copy of covering letter dated 04.07.2020
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Reji George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Naseer Moidu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binoy Davis
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binu John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhilash Bhaskar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover an amount of Rs.1,78,737/- from the defendant.
Evidence:
In the light of the facts and circumstances of the case, it is evident that it was for the defendant to disprove the case of the plaintiff, since the plaintiff has proved his case beyond the preponderance of probabilities.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest is allowed at the rate of 12% per annum from the date of the suit till the date of decree.
Evidence:
The claim of the plaintiff seeking interest for 36% pa is on a higher side and hence cannot be allowed. Interest at the rate of 12% deems reasonable in this case.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is allowed to realize the costs of the suit from the defendant.
Evidence:
The suit is decreed as follows; ii. The plaintiff is also allowed to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
GST Invoice
Submitted By:
Plaintiff
Relevance:
This invoice was issued for retainership fees.
Reference:
Ext.A1
Document Type:
GST Invoice
Submitted By:
Plaintiff
Relevance:
This invoice was issued for retainership fees.
Reference:
Ext.A2
Document Type:
GST Invoice
Submitted By:
Plaintiff
Relevance:
This invoice was issued for retainership fees.
Reference:
Ext.A3
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant for payment of dues.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of communication with the defendant.
Reference:
Ext.A5
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
This ledger shows details of the financial transactions between the parties.
Reference:
Ext.A6
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
This ledger shows details of the financial transactions between the parties.
Reference:
Ext.A7
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
This email places a request for advertising services.
Reference:
Ext.A8
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
This email is a communication between the plaintiff and defendant regarding their business.
Reference:
Ext.A9
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice is a communication from the plaintiff to the defendant.
Reference:
Ext.B1
Document Type:
Email Communication
Submitted By:
Defendant
Relevance:
This is an email communication pertinent to the case.
Reference:
Ext.B2
Document Type:
Acknowledgment Ledger
Submitted By:
Defendant
Relevance:
This ledger shows the settlement of bills by the defendant.
Reference:
Ext.B3
Document Type:
Acknowledgment Ledger
Submitted By:
Defendant
Relevance:
This ledger shows the settlement of bills by the defendant.
Reference:
Ext.B4
Document Type:
Covering Letter
Submitted By:
Defendant
Relevance:
This letter is a covering document related to payment settlements.
Reference:
Ext.B5
Document Type:
Covering Letter
Submitted By:
Defendant
Relevance:
This letter is another covering document related to payment settlements.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Organic Brand Promotion Services Pvt. Ltd. vs M/s. Dream Flower Housing Projects Pvt. Ltd. regarding declaration and consequential reliefs.
Case Code Year
Case between M/s. Organic Brand Promotion Services Pvt. Ltd. vs M/s. Dream Flower Housing Projects Pvt. Ltd. regarding declaration and consequential reliefs.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt