Case Summary
M/s. Skyline Systems and Services is a partnership firm that is suing Mr. Sarin Mohammed for the recovery of a debt. The defendant purchased goods but failed to pay the outstanding amount after a cheque was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,47,600/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the case through reliable evidence and testimony without any counter evidence from the defendant.
The plaintiff established the case through reliable evidence and testimony without any counter evidence from the defendant.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize an amount of Rs.2,47,600/- ...
Parties Involved
Plaintiffs
M/s. Skyline Systems and Services (Age not specified years)
33/24A, Civil Lane Road, Padivattom, Edappally.P.O., Kochi.682 024.
Defendants
Mr. Sarin Mohammed (43 years)
Door No.24/536, Thycaud, Thiruvananthapuram.695 036.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.2,47,600/- from the defendant.
Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize an amount of Rs.2,47,600/- (Rupees Two lakhs Forty Seven thousand Six hundred only) from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for the amount from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,47,600/- (Rupees Two lakhs forty seven thousand six hundred only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for the amount from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,47,600/- (Rupees Two lakhs forty seven thousand six hundred only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Notarized copy of re-constitution of partnership
Submitted By:
Plaintiff
Relevance:
Rejected as no foundation for secondary evidence laid down.
Reference:
Ext.A1
Document Type:
Original resolution
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A2
Document Type:
Copy of invoice bearing No. GA/03742
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A3
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A4
Document Type:
Original cheque return memo
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A5
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A6
Document Type:
Original Returned Envelope
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the case.
Reference: