Case Summary
The plaintiff, M/s 'SHANCO', filed a suit against the defendants, M/s. Alo Garments India Pvt Ltd and its managing director, Mr. N.K. Usman, for the recovery of an outstanding amount for goods sold on credit. The defendants failed to pay the dues despite repeated requests and legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,74,119/- along with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due from the defendants along with interest and costs.
Why Plaintiff Won:
The defendants failed to provide countervailing evidence against the plaintiff's claims.
The defendants failed to provide countervailing evidence against the plaintiff's claims.
Losing Side's Weaknesses:
The defendants failed to provide countervailing evidence against the plaintiff's claims.
The defendants failed to provide countervailing evidence against the plaintiff's claims.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 and A5 and A6, established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.1,74,119/- (Rupees One Lakh Seventy Four Thousand One Hundred and Nineteen only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s 'SHANCO'
- Party Role
- Defendant
- Party Name
- M/s. Alo Garments India Pvt Ltd
- Party Role
- Defendant
- Party Name
- Mr. N.K. Usman
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer's notice dated 25.11.2024, Original postal receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kuriakose Peter T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.1,74,119/- from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.1,74,119/- (Rupees One Lakh Seventy Four Thousand One Hundred and Nineteen only) from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest at 12% per annum on the recovered amount from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,74,119/- (Rupees One Lakh Seventy Four Thousand One Hundred and Nineteen only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest at 6% per annum on the recovered amount from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,74,119/- (Rupees One Lakh Seventy Four Thousand One Hundred and Nineteen only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Used to establish the demand for payment from the defendants.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Served as proof of sending the legal notice to the defendants.
Reference:
Ext.A2 and Ext.A3
Document Type:
Postal returned envelope and acknowledgment card
Submitted By:
Plaintiff
Relevance:
Used to demonstrate that the notice was undelivered to the first defendant and acknowledged by the second defendant.
Reference:
Ext.A5 series
Document Type:
Ledger extract of the 1st defendant
Submitted By:
Plaintiff
Relevance:
Provided evidence of the outstanding payment owed by the defendants.
Reference:
Ext.A6 series
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 'SHANCO' vs M/s. Alo Garments India Pvt Ltd regarding realization of money
Case Code Year
Case between M/s 'SHANCO' vs M/s. Alo Garments India Pvt Ltd regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt