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
The court decreed the suit in favor of the plaintiffs, awarding them the amount of Rs. 26,368/- along with interest. The defendants were found liable due to lack of evidence to the contrary.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence to prove their claim.
The plaintiffs provided unchallenged evidence to prove their claim.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence to prove their claim.
The plaintiffs provided unchallenged evidence to prove their claim.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A8 stands unchallenged. In the absence of any contra evidence, the unchallenged evidence of PW1 and the documents marked as Ext.A1 to A8 proves the case of the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Nambiyattukudy Agro Industries
- Party Role
- Plaintiff
- Party Name
- Shaju Francis
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Sree Durga Kaviyoor
- Party Role
- Defendant
- Party Name
- Sreeja Rajesh
- Relation
- Represented by
Plaintiffs Documents
Tax invoice No. A1, Cheque No. A2, Cheque return memo A3, Lawyer notice A4, Postal receipt A5, Unclaimed cover with A/d cards A6, Partnership deed A7, Power of attorney A8.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A R Bejoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gokul Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Resmi S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vandana Jayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Martin Devis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Remnath H.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Cheque dishonour
Case Code
Case between M/s.Nambiyattukudy Agro Industries vs M/s. Sree Durga Kaviyoor regarding recovery of amount
Case Code Year
Case between M/s.Nambiyattukudy Agro Industries vs M/s. Sree Durga Kaviyoor regarding recovery of amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act