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
The court found in favor of the plaintiffs, ordering the defendants to pay Rs. 46,305 with interest at 7% per annum from 23-06-2020 until the decree, and at 6% per annum from the date of the decree until realization. The plaintiffs are also entitled to recover costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The transaction being admitted by the defendants and having failed to establish their claim of understanding to return damaged goods, the plaintiff’s version stands proved.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Travancore Distributors
- Party Role
- Plaintiff
- Party Name
- Vijayan K
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vijay Amith M.V
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dress World (Mix and Match)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ziyad
- Relation
- Proprietor
Plaintiffs Documents
Certified copy of Registration certificate, Certified copy of Partnership deed, Invoice no.217, Goods and Service Tax return, Lawyer notice issued on June 2020, Reply notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.N.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanuja Vettathu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Michael M Wilson
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Travancore Distributors et al vs Dress World (Mix and Match) et al regarding realization of money.
Case Code Year
Case between M/s Travancore Distributors et al vs Dress World (Mix and Match) et al regarding realization of money.