Case Summary
The plaintiff, M/s. Raghav Enterprises, filed a suit against K.M. Elias Constructions Pvt. Ltd. and its Managing Director E.M. Elias for the recovery of a sum due for construction materials supplied on credit. The defendants failed to pay despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.2,66,735 and interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the case with unrebutted evidence and documents.
The plaintiff established the case with unrebutted evidence and documents.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.2,66,735 from the defendants and from their assets.
Parties Involved
Plaintiffs
M/s. Raghav Enterprises (Age not specified years)
Sreenivas Mallan Road, Ernakulam, Kochi-35
Defendants
K.M. Elias Constructions Pvt. Ltd. (Age not specified years)
7/338 AR Dream Chalet, Mavelipuram Zone 2, Kakkanadu, Ernakulam
Mr. E.M. Elias (Age not specified years)
7/338 AR 2A Dream Chalet, Mavelipuram Zone 2, Kakkanadu, Ernakulam
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.2,66,735 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize Rs.2,66,735 from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum from the date of suit till date of decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,66,735 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,66,735 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Original of registration certificate issued by Registrar of Firms to the plaintiff firm.
Reference:
Ext.A1
Document Type:
Credit Invoice
Submitted By:
Plaintiff
Relevance:
Printout of the credit invoice dated 18.06.2022 issued to defendant.
Reference:
Ext.A3
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Printout of ledger account for the period from 01.04.2022 to 31.03.2023 showing the Ext.A3 entry.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 19.04.2023 issued to the defendants.
Reference:
Ext.A5
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
Original A/D cards (2 Nos.) issued to the defendants.
Reference:
Ext.A6 series
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Unrebutted oral testimony of PW1 established the plaintiff's case.
Reference: