Case Summary
The plaintiffs, M/s Travancore Distributors and its partners, are seeking payment for readymade garments sold on credit to the defendants, Dress World and its proprietor, Ziyad. The defendants dispute the quality of the goods and deny liability for the payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 46,305 with interest at 7% per annum from 23-06-2020 until the date of the decree and at 6% per annum from the date of the decree until realization; recovery of costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs successfully proved their claim through evidence despite the defendants' contestation regarding the quality of the goods.
The plaintiffs successfully proved their claim through evidence despite the defendants' contestation regarding the quality of the goods.
Judgment Evidence:
In the result, the suit is decreed in part as follows: The defendants are found liable to pay the plaintiffs Rs. 46,305 with interest at 7% per annum from 23-06-2020 till the date of the decree and at 6% per annum from the date of the decree till realization.
Parties Involved
Plaintiffs
M/s Travancore Distributors (Age not specified years)
2nd floor, CC 57/267A, Pandarachira road, Kadavanthra, Ernakulam Pin – 682 020
Vijayan K (62 years years)
28/1945, Mukkampalavila house, Pandarachira road, Kadavanthra, Ernakulam Pin – 682 020
Vijay Amith M.V (25 years years)
28/1945, Mukkampalavila house, Pandarachira road, Kadavanthra, Ernakulam Pin – 682 020
Defendants
Dress World (Mix and Match) (Age not specified years)
Nadakkal Shopping complex, Thripunithura, Ernakulam District, Pin- 682 301
Ziyad (Age not specified years)
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to Rs. 46,305/- with interest.
Evidence:
Therefore, I’m of the view that the plaintiff is entitled to realize the cost of the suit from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to interest at 7% per annum from 23-06-2020 till the date of the decree.
Evidence:
Interest at 7% per annum from the 23-06-2020, till the date of decree is awarded to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Post-decree interest at 6% per annum until realization.
Evidence:
And post decree interest at 6% per annum till the date of realization.
Documents & Evidence
Document Type:
Certified copy of Registration certificate
Submitted By:
Plaintiff
Relevance:
Establishes the status of the 1st plaintiff as a partnership firm.
Reference:
Ext A1
Document Type:
Certified copy of Partnership Deed
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the partnership status of the 1st plaintiff.
Reference:
Ext A2
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Documents the credit sale of readymade garments worth Rs. 46,305/-.
Reference:
Ext A3
Document Type:
Goods and Service Tax return
Submitted By:
Plaintiff
Relevance:
Provides evidence of the commercial transaction related to the sale.
Reference:
Ext A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal demand for payment issued to the defendants.
Reference:
Ext A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Documents the response from the defendants acknowledging the purchase.
Reference:
Ext A6