Case Summary
M/s. Wallmaax Paints Pvt Ltd. has filed a suit against Vineeth Parepparambil Vijayan for the recovery of an outstanding amount due from the sale of goods. The defendant issued a cheque which was dishonored, leading the plaintiff to seek a decree for payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,95,257/- with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony and evidence presented established the plaintiff's claim.
The unrebutted oral testimony and evidence presented established the plaintiff's claim.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.2,95,257/- (Rupees Two Lakhs Ninety Five Thousand Two Hundred and Fifty Seven only) 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
Vineeth Parepparambil Vijayan (Age not specified years)
VIII/4A, Valayil Buildings, Pakkil, Kottayam, Pin - 686 012
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.2,95,257/- from the defendant.
Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.2,95,257/- from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest at the rate of 12% per annum from the date of the suit.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,95,257/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest at the rate of 6% per annum from the date of the decree.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,95,257/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was presented to prove the debt owed by the defendant.
Reference:
Ext.A1
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
Document showing that the cheque was dishonored due to insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice issued to inform the defendant about the dishonored cheque and demand payment.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A4
Document Type:
Original returned postal envelope
Submitted By:
Plaintiff
Relevance:
Envelope returned to sender, indicating the defendant's shop was closed.
Reference:
Ext.A5