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
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.
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
Plaintiffs
M/s. Wallmaax Paints Pvt Ltd. (Age not specified years)
349/D, Aldrit Complex, Vaduthala P.O., Kochi - 682 023
Defendants
Sreekanth.P.K (30 years years)
'Parakuzhiyil' House, Kummanam.P.O., Chengalam Village, Veloor, Kottayam-686 005
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