Case Summary
M/s.Skyline Systems and Services filed a suit against Jaison A.A. for the recovery of Rs.1,11,891/- due to the dishonor of a cheque and non-payment for goods supplied. The defendant contested the claim, asserting no transaction occurred.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.1,11,891/- with interest at 12% per annum from the date of suit till the date of decree and thereafter with interest at 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the defendant had liability based on evidence including a dishonored cheque and acknowledgment of debt in a statement of account.
The court found that the defendant had liability based on evidence including a dishonored cheque and acknowledgment of debt in a statement of account.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. The plaintiff is allowed to realize an amount of Rs.1,11,891/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Plaintiffs
M/s.Skyline Systems and Services (Age not specified years)
33/24A, Civil Lafie Road, Padivattom, Edappally.P.O., Kochi.682 024.
Mr.Joseph Philip (64 years)
Manayath, Reccaa Enclave, Padamugal, Kakkanad, Kochi.682 030.
Defendants
Jaison A.A. (Age not specified years)
Maxvin Aluminium Fabrication and Interior Work, Anjattu Parambu House, Pattanam.P.O., North Paravoor, Pin - 683522.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is granted the recovery of Rs.1,11,891/- from the defendant.
Evidence:
The court finds that the defendant owes to the plaintiff an amount of Rs.1,11,891/- as claimed by him.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realization.
Evidence:
The plaintiff is entitled to get the costs, interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Certified copy of re-constitution of partnership Deed
Submitted By:
Plaintiff
Relevance:
This document proves the authority of the managing partner to represent the plaintiff firm.
Reference:
Ext.A1
Document Type:
Original resolution
Submitted By:
Plaintiff
Relevance:
This document shows the authorization of partners to adduce evidence on behalf of the firm.
Reference:
Ext.A2
Document Type:
Original customer data sheet, signed by defendant along with copy of driving license
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the transaction and agreement between the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Original instruction letter issued by the defendant
Submitted By:
Plaintiff
Relevance:
This document indicates that the defendant instructed the plaintiff to supply materials for a specific project.
Reference:
Ext.A4
Document Type:
Original cheque bearing No. 007243
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as part of the payment for the goods purchased from the plaintiff.
Reference:
Ext.A5
Document Type:
Original cheque return memo
Submitted By:
Plaintiff
Relevance:
This memo shows that the cheque issued by the defendant was dishonored by the bank.
Reference:
Ext.A6
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
This document shows the financial dealings and acknowledgment of debt by the defendant.
Reference:
Ext.A7
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the outstanding payment.
Reference:
Ext.A8
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms that the legal notice was sent to the defendant's address.
Reference:
Ext.A9