Case Summary
The plaintiff, M/s Ramcharan Company, is seeking payment of Rs. 4,74,591/- from the defendants, M/s Ayro Industries, who allegedly defaulted on payments for goods purchased. The defendants deny any outstanding balance and claim that they have fulfilled their payment obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.4,74,591/- along with interest @ 12% from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided sufficient evidence to support their claim and prove the outstanding amount.
The plaintiff provided sufficient evidence to support their claim and prove the outstanding amount.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1) Defendants shall pay Rs.4,74,591/- (Rupees Four lakhs seventy four thousand five hundred and ninety one only) along with interest @ 12% from the date of suit till the date of decree.
Parties Involved
Plaintiffs
M/s Ramcharan Company (Age not specified years)
4th Floor A, Vallamattom Estate, Ravipuram, M G Road, Ernakulam – 682 015
Defendants
M/s Ayro Industries (Age not specified years)
Ayinippilly mana, Mekkadambu P O, Muvattupuzha – 682 316
Sudheer A C (45 years)
Ayinippilly mana, Mekkadambu P O, Muvattupuzha – 682 316
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of Rs.4,74,591/- with interest.
Evidence:
Therefore, the amount of Rs.4,74,591/- claimed by the plaintiff is proved by the plaintiff...
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest on the awarded amount at 12% per annum.
Evidence:
Therefore, the court is inclined to grant only an interest of 12% per annum for the period of default till the date of suit.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Hence, the court is satisfied that the suit is liable to be decreed with costs.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoices evidencing the amounts due from the defendants to the plaintiff.
Reference:
Ext.A1
Document Type:
Letter of Confirmation
Submitted By:
Plaintiff
Relevance:
Original of confirmation of balance letter acknowledged by the defendants.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff to demand payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of legal documents.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of legal documents.
Reference:
Ext.A5
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of partnership deed with copy of certificate of registration.
Reference:
Ext.A8
Document Type:
Letter of Confirmation
Submitted By:
Plaintiff
Relevance:
Original letter confirming ledger balance.
Reference:
Ext.A9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement evidencing the transactions between the parties.
Reference:
Ext.A10
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
True copy of partnership deed along with Form A.
Reference:
Ext.A11
Document Type:
Reconstituted Partnership Deed
Submitted By:
Plaintiff
Relevance:
True copy of the reconstituted Partnership Deed.
Reference:
Ext.A12
Document Type:
Audit Reports
Submitted By:
Plaintiff
Relevance:
True copy of audit reports during the periods of 2016-2017, 2017-2018 and 2018-2019.
Reference:
Ext.A13
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
True copy of the account statement during the period 01.07.2019 to 31.07.2019.
Reference:
Ext.A14
Document Type:
Ledger Account Statement
Submitted By:
Plaintiff
Relevance:
True copy of ledger account statement during the period 01.04.2019 to 31.03.2020.
Reference:
Ext.A15
Document Type:
Letter of Confirmation
Submitted By:
Plaintiff
Relevance:
Copy of confirmation of balance letter acknowledged by the defendant.
Reference:
Ext.A16
Document Type:
Ledger Account
Submitted By:
Defendant
Relevance:
Ledger account of plaintiff company with defendant showing payment details.
Reference:
Ext.B2
Document Type:
Audited Account Statements
Submitted By:
Defendant
Relevance:
Audited account statements of the defendant company with schedule of creditors.
Reference:
Ext.B3
Document Type:
Audited Account Statements
Submitted By:
Defendant
Relevance:
Audited account statements of the defendant company with schedule of creditors.
Reference:
Ext.B4
Document Type:
Bank Account statement
Submitted By:
Defendant
Relevance:
Bank account statement of defendant evidencing financial transactions.
Reference:
Ext.B5
Document Type:
Ledger Extract
Submitted By:
Defendant
Relevance:
Extract of the Ledger for the period 2017-2018.
Reference:
Ext.B6
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies presented during the court proceedings.
Reference: