Case Summary
M/s Scaffs Steel Structures Pvt. Ltd., represented by its Managing Director Mr. Razeem Usman, is suing Vipinlal, the proprietor of M/s Pinaka Trade Ventures, for failing to supply materials required for a project and for the dishonor of a cheque. The plaintiff demands repayment of the amount collected by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay an amount of Rs.5,55,099 with 9% future interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to pay the plaintiff Rs. 5,55,099 with 9% interest per annum from the date of suit until the date of decree.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaintiff claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.5,55,099 with 9% future interest per annum from the date of suit (ie, from 04.07.2023) till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Scaffs Steel Structures Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Vipinlal
Plaintiffs Documents
True copy of the quotation, Photocopy of the acknowledgment of the transfer of Rs.2,00,000, Photocopy of Performa Invoice, Photocopy of the acknowledgment of the transfer of Rs. 2,31,332, Photocopy of cheque dishonour memo, Photocopy of cheque, Photocopy of the lawyer notice, Photocopy of proof of delivery of lawyer’s notice, Photocopy of bank statement, Resolution.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Krishnaprasad M.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninoj P.L
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Winston K.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The suit is decreed directing the defendant to pay an amount of Rs.5,55,099/- with 9% future interest per annum.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.5,55,099/-(Rupees five lakhs fifty five thousand and ninety nine only) with 9% future interest per annum from the date of suit (ie, from 04.07.2023) till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff is entitled to costs of the suit.
Documents & Evidence
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
True copy of the quotation issued by respondent no. PTV/004.
Reference:
Ext.A1
Document Type:
Acknowledgment of Transfer
Submitted By:
Plaintiff
Relevance:
Photocopy of the acknowledgment of the transfer of Rs.2,00,000/- to the respondent.
Reference:
Ext.A2
Document Type:
Performa Invoice
Submitted By:
Plaintiff
Relevance:
Photocopy of Performa Invoice issued by respondent no. 001.
Reference:
Ext.A3
Document Type:
Acknowledgment of Transfer
Submitted By:
Plaintiff
Relevance:
Photocopy of the acknowledgment of the transfer of Rs. 2,31,332/-.
Reference:
Ext.A4
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Photocopy of cheque dishonour memo.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Photocopy of the cheque no. 830014.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Photocopy of the lawyer notice.
Reference:
Ext.A7
Document Type:
Proof of Delivery
Submitted By:
Plaintiff
Relevance:
Photocopy of the proof of delivery of lawyer’s notice.
Reference:
Ext.A8
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Photocopy of the bank statement of the complainant for the period of 01.04.21 – 31.03.22.
Reference:
Ext.A9
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony of the plaintiff, who is examined as PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Scaffs Steel Structures Pvt. Ltd. vs Vipinlal regarding recovery of money
Case Code Year
Case between M/s Scaffs Steel Structures Pvt. Ltd. vs Vipinlal regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour