Case Summary
The plaintiff, M/s Rajasree Packs, is a partnership firm seeking recovery of money from ISRT Alpha Solutions Pvt. Ltd. and its director, Anil Kumar G, for unpaid dues related to a supply of corrugated boxes. The plaintiff claims an outstanding amount of Rs.1,77,994/- due to dishonoured cheques and subsequent non-payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,77,994 with interest at 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff against the first defendant, ISRT Alpha Solutions Pvt. Ltd., ordering them to pay a total of Rs.1,77,994 with interest at 12% per annum. The second defendant, Anil Kumar G, was found not liable.
Why Plaintiff Won:
The plaintiff successfully proved the debt and the failure of the defendants to pay despite being notified.
The plaintiff successfully proved the debt and the failure of the defendants to pay despite being notified.
Losing Side's Weaknesses:
The plaintiff successfully proved the debt and the failure of the defendants to pay despite being notified.
The plaintiff successfully proved the debt and the failure of the defendants to pay despite being notified.
Supporting Evidence
A conjoint reading of Exts.A1 to Ext.A7 and defendant not mounting the box would fortify the case of plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) 1st defendant shall pay Rs.1,77,994/- along with interest @ 12% from the date of suit till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Rajasree Packs
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- ISRT Alpha Solutions Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anil Kumar G
Plaintiffs Documents
Invoices dated 18.12.2018, Cheque dated 21.01.2019, Lawyer notice dated 11.05.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V Krishna Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S Sreedev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Enoch David Simon Joel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of Rs.1,77,994/- along with interest.
Evidence:
1st defendant shall pay Rs.1,77,994/- (Rupees One lakh seventy seven thousand nine hundred and ninety four only) along with interest @ 12 % from the date of suit till the date of decree.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff claims interest at the rate of 18% per annum on the outstanding balance.
Evidence:
I am not inclined to grant interest as claimed. 1st defendant is directed to pay interest at the rate of 12% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Considering the facts and circumstances of the case plaintiff is entitled for the costs of the proceeding from defendant.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Original invoice dated 18.12.2018 issued by the plaintiff to the 1st defendant for Rs.5,46,008/-.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Original invoice dated 18.12.2018 issued by the plaintiff to the 1st defendant for Rs.3,64,647/-.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.270379 dated 21.01.2019 for Rs.8,10,665/- issued by the defendants to the plaintiff.
Reference:
Ext.A3
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo dated 20.04.2019 indicating that the cheque was dishonoured.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 11.05.2019 sent on behalf of the plaintiff to the defendants for outstanding payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipts confirming delivery of the lawyer notice to the defendants.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate under Section 65B of the Indian Evidence Act to support the admissibility of electronic documents.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s Rajasree Packs vs ISRT Alpha Solutions Pvt. Ltd. et al regarding realization of money
Case Code Year
Case between M/s Rajasree Packs vs ISRT Alpha Solutions Pvt. Ltd. et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act