Case Summary
M/s.Eon Infrastructures and Developers Pvt. Ltd filed a suit against M/s.White Fort Constructions and Engineers Pvt. Ltd for the recovery of arrears of license fee for a property. The defendants were set ex-parte for failing to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are jointly and severally directed to pay an amount of 21,98,000/- with interest.
Case Type
Commercial Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, directing the defendants to pay the outstanding license fee and compensation for unauthorized occupation.
Why Plaintiff Won:
The plaintiff established their case based on unchallenged evidence and supporting documents.
The plaintiff established their case based on unchallenged evidence and supporting documents.
Losing Side's Weaknesses:
The plaintiff established their case based on unchallenged evidence and supporting documents.
The plaintiff established their case based on unchallenged evidence and supporting documents.
Supporting Evidence
Evidence of PW1 would go to show that the defendant has kept the license fee in arrears from January 2019 onwards. By the unchallenged evidence of PW1 coupled with documentary evidence, I find that the plaintiff has succeeded in establishing their case.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) Defendants are jointly and severally directed to pay an amount of 21,98,000/- (Rupees Twentyone lakhs and ninety eight thousand only) with interest @ 9% per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Eon Infrastructures and Developers Pvt. Ltd
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Biju Sukumaran
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s.White Fort Constructions and Engineers Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tony Philip
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 extract of the minutes of the Board of Directors, Exhibit A3 license agreement, Exhibit A13 complaint filed before Judicial First Class Magistrate Court-VII.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.T.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Bhavitha V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.R.Rajeev Laxman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.M.Abhilash
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Directing the defendants to pay the amount due towards the license fee and compensation.
Evidence:
Hence, the plaintiff is entitled for a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interests on the amount due.
Evidence:
Defendants are jointly and severally directed to pay an amount of 21,98,000/- with interest @ 9% per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Documents & Evidence
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
Authorizes the General Manager to conduct legal proceedings.
Reference:
Ext.A1
Document Type:
General Ledger Account
Submitted By:
Plaintiff
Relevance:
Attested copy of financial transactions.
Reference:
Ext.A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms under which the defendants occupied the property.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendants towards license fee.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates the return of the cheque issued.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the defendants towards license fee.
Reference:
Ext.A6
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates the return of the second cheque.
Reference:
Ext.A7
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Third cheque issued by defendants.
Reference:
Ext.A8
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates the return of the third cheque.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants regarding the arrears.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Receipt confirmation for the lawyer notice.
Reference:
Ext.A11
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Proof of the lawyer notice unclaimed by defendants.
Reference:
Ext.A12
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint against defendants for dishonoured cheques.
Reference:
Ext.A13
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Judgment copy in the earlier case related to the cheques.
Reference:
Ext.A14
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s.Eon Infrastructures and Developers Pvt. Ltd vs M/s.White Fort Constructions and Engineers Pvt. Ltd et al regarding realisation of money
Case Code Year
Case between M/s.Eon Infrastructures and Developers Pvt. Ltd vs M/s.White Fort Constructions and Engineers Pvt. Ltd et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act