Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 928/2024

Case between M/s. Wallmaax Paints Pvt Ltd. vs Sreekanth.P.K regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2024-12-03
Duration
approximately-2 years 8 months
Case Closed
Tue, 12/03/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/16/2022 - 12:00
Case Closed
Tue, 12/03/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

Similar Cases

Case between M/s. Thoppil Fincorp et al vs Navas A.A et al regarding realization of money
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Nikhil.N. Asher vs Plymart et al regarding suit for realization of money.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Civil Suit Plaintiff Won
Case between M/s Space International Air Travels (P) Ltd. vs Tapovan Impex Private Limited regarding recovery of money
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between M/s. Transformers and Electrical Industries vs M/s. Ambatt Electricals regarding realization of money.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between M/s. Transformers and Electrical Industries vs M/s. Kureekode Agencies regarding realization of money.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Civil Suit Plaintiff Won