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O.S No. 212/2023

Case between M/s Wallmaax Paints Pvt Ltd. vs Madhu M.D regarding recovery of money.

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Padmakumar.G.
Order Date
2024-04-12
Duration
approximately-1 year 1 month
Case Closed
Fri, 04/12/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 02/27/2023 - 12:00
Case Closed
Fri, 04/12/2024 - 12:00
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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