Case Summary
M/s. Wallmaax Paints Pvt Ltd. filed a suit against Sreekanth.P.K for failing to remit collected amounts from dealers. The defendant misappropriated funds during his employment as a sales officer.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs. 1,91,953/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the realization of a total amount of Rs. 1,91,953/- along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff established the case through credible witness testimony and evidence provided.
The plaintiff established the case through credible witness testimony and evidence provided.
Losing Side's Weaknesses:
The plaintiff established the case through credible witness testimony and evidence provided.
The plaintiff established the case through credible witness testimony and evidence provided.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs. 1,91,953/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Wallmaax Paints Pvt Ltd.
- Party Role
- Defendant
- Party Name
- Sreekanth.P.K
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Memorandum and Articles of Association, Copy of lawyer's notice dated 16.03.2022, Original A/D card, Cheque No. 557645 dated 02.03.2023 for Rs. 1,36,995, Cheque dishonor memo dated 22.05.2023, Copy of lawyer's notice dated 01.06.2023, Returned postal envelope.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju Joh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize an amount from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,91,953/- (Rupees one lakh ninety one thousand nine hundred and fifty three only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to realize interest on the granted amount.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,91,953/- (Rupees one lakh ninety one thousand nine hundred and fifty three only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to realize interest from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.1,91,953/- (Rupees one lakh ninety one thousand nine hundred fifty three only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Memorandum and Articles of Association
Submitted By:
Plaintiff
Relevance:
Established the legal identity and structure of the plaintiff company.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Provided evidence of the demand made to the defendant for payment.
Reference:
Ext.A2
Document Type:
Original A/D Card
Submitted By:
Plaintiff
Relevance:
Served as proof of delivery of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Illustrated the amount collected by the defendant which was dishonored.
Reference:
Ext.A4
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
Provided official confirmation of the cheque's dishonor.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Indicated a follow-up communication after the cheque was dishonored.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Demonstrated that the notice sent to the defendant was unserved.
Reference:
Ext.A7
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 Sreekanth.P.K regarding realization of money.
Case Code Year
Case between M/s. Wallmaax Paints Pvt Ltd. vs Sreekanth.P.K regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act