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
The court decreed the suit in favor of the plaintiff for the recovery of Rs.2,66,735 along with interest and costs from the defendants. The plaintiff is entitled to realize this amount from the defendants’ assets.
Why Plaintiff Won:
The plaintiff established the case with unrebutted evidence and documents.
The plaintiff established the case with unrebutted evidence and documents.
Losing Side's Weaknesses:
The plaintiff established the case with unrebutted evidence and documents.
The plaintiff established the case with unrebutted evidence and documents.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A3 to A6 series established his case as pleaded by him.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Raghav Enterprises
- Party Role
- Defendant
- Party Name
- K.M. Elias Constructions Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Mr. E.M. Elias
- Relation
- Managing Director
Plaintiffs Documents
Original of registration certificate issued by Registrar of Firms, Print out of the credit invoice, Print out of ledger account for the period from 01.04.2022 to 31.03.2023, Copy of lawyer notice dated 19.04.2023, Original A/D cards (2Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Sachithananda Pai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Fazil
- Appearance Type
- Exparte
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:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Raghav Enterprises vs K.M. Elias Constructions Pvt. Ltd. et al regarding realization of money
Case Code Year
Case between M/s. Raghav Enterprises vs K.M. Elias Constructions Pvt. Ltd. et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour