Case Summary
M/s Wallmaax Paints Pvt Ltd. filed a suit against Madhu M.D for the recovery of Rs. 5,73,447/- and future interest. The defendant failed to appear in court and was set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 5,73,447/- with 9% future interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit directing the defendant to pay Rs. 5,73,447/- along with interest. The plaintiff is also entitled to costs of the suit.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.5,73,447/- with 9% future interest per annum from the date of suit (ie, from 27.02.2023) till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Wallmaax Paints Pvt Ltd.
- Relation
- Managing Director
- Party Role
- Defendant
- Party Name
- Madhu M.D
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of Memorandum and Articles of Association of the Plaintiff, Original Cheque of Rs. 4,90,000/- No. 511095, Copy of Cheque dishonour memo by Union Bank of India, Copy of lawyer notice, Acknowledgement card signed by defendant, Returned postal cover with A/d Card, Copy of statement of account of transaction between plaintiff and defendant, Copy of Audited Balance sheet with list of debtors, Certified copy of the Release deed no. 9141/2006.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tressia Anu P.J
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajiv Nambisan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.5,73,447/- from the defendant.
Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.5,73,447/- (Rupees five lakhs seventy three thousand four hundred and forty seven only) with 9% future interest per annum from the date of suit (ie, from 27.02.2023) till the date of decree.
Relief Type:
Other
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:
Memorandum and Articles of Association
Submitted By:
Plaintiff
Relevance:
This document establishes the legitimacy and operational structure of the plaintiff company.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to discharge liability but was dishonoured.
Reference:
Ext.A2
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo provides evidence of the dishonouring of the cheque issued by the defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the dishonoured cheque.
Reference:
Ext.A4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This card confirms that the defendant received the legal notice.
Reference:
Ext.A5
Document Type:
Returned postal cover with A/d Card
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the notice was returned to the sender.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement details the transactions between the plaintiff and defendant.
Reference:
Ext.A7
Document Type:
Audited Balance Sheet
Submitted By:
Plaintiff
Relevance:
This document provides financial details including the list of debtors.
Reference:
Ext.A8
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
This certified document is related to the ownership rights involved in the transaction.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s Wallmaax Paints Pvt Ltd. vs Madhu M.D regarding recovery of money.
Case Code Year
Case between M/s Wallmaax Paints Pvt Ltd. vs Madhu M.D regarding recovery of money.
Case Flags
Cheque-Related Case
Out-of-Court Settlement
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act