Case Summary
The plaintiffs, M/s.Nambiyattukudy Agro Industries, are seeking to recover payment for stationery items sold to the defendants, M/s. Sree Durga Kaviyoor. The defendants failed to honor a cheque issued for the payment, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 26,368/- along with 9% per annum interest from the date of suit till date of decree and future interest at the rate of 6% per annum, till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence to prove their claim.
The plaintiffs provided unchallenged evidence to prove their claim.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants are hereby directed to pay the amount of Rs. 26,368/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Parties Involved
Plaintiffs
M/s.Nambiyattukudy Agro Industries (Age not specified years)
Koovappady P. O, Pin: 683544
Shaju Francis (53 years years)
Payyappily House, Koratty East, Mukundapuram Taluk, Thrissur, Kerala, Pin:680308
Defendants
M/s. Sree Durga Kaviyoor (Age not specified years)
Melepurathu House, Ward 4, No.297/B, Kottoor P O, Pathanamthitta, Pin: 689582
Sreeja Rajesh (Age not specified years)
Melepurathu House, Ward 4, No.297/B, Kottoor P O, Pathanamthitta, Pin: 689582
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs sought recovery of Rs. 26,368/- along with interest from the defendants.
Evidence:
The defendants are hereby directed to pay the amount of Rs. 26,368/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
The tax invoice dated 29/04/22 for the purchase of stationery items was used to prove the transaction amount.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque for Rs. 20,693/- dated 6/05/22 was issued by the defendants to settle the liability.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The cheque return memo dated 24/05/22 which stated the reason 'insufficient funds' was essential to establish the dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice dated 1/08/23 served to the defendants was relevant to show demand for payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt related to the lawyer notice helped establish that the notice was sent to the defendants.
Reference:
Ext.A5
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
The unclaimed cover with A/d cards provided evidence related to the lawyer notice sent.
Reference:
Ext.A6
Document Type:
Copy of Deed of Partnership
Submitted By:
Plaintiff
Relevance:
The certified copy of the partnership deed dated 25/11/22 was used to establish the plaintiff's legal standings.
Reference:
Ext.A7
Document Type:
Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
The certified copy of the power of attorney dated 17/08/23 was necessary to prove the authority of the second plaintiff.
Reference:
Ext.A8