O.S No. 461/2018

Case between M/s. Ramacharan Company vs M/s. Decora Industries regarding money recovery.

Court

THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2024-11-02

Duration

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Case Summary

The plaintiff, M/s. Ramacharan Company, has filed a suit against the defendants, M/s. Decora Industries, claiming outstanding payments for goods supplied. The defendants have denied responsibility, prompting legal proceedings.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the suit filed by the plaintiff due to the failure to include a necessary party, M/s. Decora Industries, and the determination that the plaintiff was not a registered firm at the time of filing the suit.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

No

Key Reasoning:
The court held that the plaintiff did not have a cause of action as the necessary party (M/s. Decora Industries) was not included in the suit and the plaintiff firm was not registered at the time of filing.

Judgment Evidence:

In the result, the suit is dismissed. The parties are directed to suffer their respective costs.

Parties Involved

Plaintiffs

M/s. Ramacharan Company (Age not specified years) 4th Floor A, Vallamattom Estate, Ravipuram, M.G Road, Ernakulam - 682 015

Defendants

Mr. Paulose (52 years) M/s. Decora Industries, Mookkannoor P.O, Angamaly, Ernakulam – 683 577 Jancy Xavier (48 years) VIII/158 B, Mookkannoor P.O, Angamaly, Ernakulam – 683 577

Reliefs

Relief Type: Recovery

Outcome: Refused

Description:

Relief sought for recovery of outstanding dues.

Evidence:

The plaintiff is not entitled to realize an amount of 52,199/- with interest at the rate of 18% per annum from the defendants.

Documents & Evidence

Document Type: Invoice

Submitted By: Plaintiff

Relevance:

Document evidencing the sale of materials for which payment is due.

Reference:

Ext.A1

Document Type: Invoice

Submitted By: Plaintiff

Relevance:

Document evidencing the sale of materials for which payment is due.

Reference:

Ext.A2

Document Type: Invoice

Submitted By: Plaintiff

Relevance:

Document evidencing the sale of materials for which payment is due.

Reference:

Ext.A3

Document Type: Invoice

Submitted By: Plaintiff

Relevance:

Document evidencing the sale of materials for which payment is due.

Reference:

Ext.A4

Document Type: Invoice

Submitted By: Plaintiff

Relevance:

Document evidencing the sale of materials for which payment is due.

Reference:

Ext.A5

Document Type: Invoice

Submitted By: Plaintiff

Relevance:

Document evidencing the sale of materials for which payment is due.

Reference:

Ext.A6

Document Type: True copy of Lawyer Notice

Submitted By: Plaintiff

Relevance:

Notice related to outstanding payment.

Reference:

Ext.A7

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Document evidencing the sending of notice.

Reference:

Ext.A8

Document Type: Postal Acknowledgment Card

Submitted By: Plaintiff

Relevance:

Document evidencing receipt of notice.

Reference:

Ext.A9

Document Type: Photocopy of Deed of Partnership

Submitted By: Plaintiff

Relevance:

Document evidencing the partnership of the plaintiff.

Reference:

Ext.A10

Document Type: Attested copy of Licence

Submitted By: Plaintiff

Relevance:

Document evidencing the legal operation of the plaintiff's business.

Reference:

Ext.A11

Document Type: Reply issued under RTI Act

Submitted By: Plaintiff

Relevance:

Document providing additional information relevant to the case.

Reference:

Ext.A12

Document Type: Proceedings of the Joint Commissioner

Submitted By: Plaintiff

Relevance:

Document relevant to taxation matters impacting the plaintiff.

Reference:

Ext.A13

Document Type: True copies of the ledger extracts

Submitted By: Plaintiff

Relevance:

Documentation evidencing transactions relevant to the suit.

Reference:

Ext.A14

Document Type: Computer generated account Statement

Submitted By: Plaintiff

Relevance:

Document providing an account of transactions.

Reference:

Ext.A15

Document Type: Computer generated account Statement

Submitted By: Plaintiff

Relevance:

Document providing an account of transactions.

Reference:

Ext.A16

Document Type: Pay in Slip

Submitted By: Plaintiff

Relevance:

Document evidencing payments made.

Reference:

Ext.A17

Document Type: Pay in Slip

Submitted By: Plaintiff

Relevance:

Document evidencing payments made.

Reference:

Ext.A18

Document Type: True extract in Form A

Submitted By: Defendant

Relevance:

Document related to the registration status of the defendant firm.

Reference:

Ext.B1

Document Type: True photostat copy of License Fees Demand Register

Submitted By: Court

Relevance:

Document evidencing licensing fees related to the case.

Reference:

Ext.X1

Document Type: Attested copy of Form No. 4 Certificate of Registration

Submitted By: Court

Relevance:

Document evidencing registration of the defendant's business.

Reference:

Ext.X2

Document Type: Attested copy of Licence

Submitted By: Court

Relevance:

Document evidencing licensing of the defendant's business.

Reference:

Ext.X3

Document Type: Attested copy of Licence

Submitted By: Court

Relevance:

Document evidencing licensing of the defendant's business.

Reference:

Ext.X3(a)

Document Type: Attested copies of invoices

Submitted By: Court

Relevance:

Document relevant to financial dealings.

Reference:

Ext.X4