Case Summary
The plaintiff, a partnership firm, is seeking to recover an outstanding amount from the defendant, also a partnership firm, for the sale of corrugated boxes. The defendant firm was set ex parte after failing to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.93,156/- with interest at the rate of 9 per cent.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the amount due from the defendant with interest.
Why Plaintiff Won:
The plaintiff proved their case through testimony and proper documentation.
The plaintiff proved their case through testimony and proper documentation.
Losing Side's Weaknesses:
The plaintiff proved their case through testimony and proper documentation.
The plaintiff proved their case through testimony and proper documentation.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realize Rs.93,156/-(Rupees Ninety three thousand one hundred and fifty six only) with interest at the rate of 9 per cent from 08.04.2023 till the date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.SUN PACKERS
- Party Role
- Defendant
- Party Name
- M/s. AGL Foot care
- Relation
- Represented by
Plaintiffs Documents
Acknowledgment of Registration of firms, Reconstituted partnership Deed, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.K.Dharmaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.93,156/- with interest.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realize Rs.93,156/-(Rupees Ninety three thousand one hundred and fifty six only) with interest at the rate of 9 per cent from 08.04.2023 till the date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is ordered to pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document proves the registration of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document shows the reconstitution of the plaintiff firm.
Reference:
Ext.A2
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
This document provides a certified ledger extract showing the amount due from the defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the true copy of the lawyer notice issued to the defendant, demanding payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the postal communication.
Reference:
Ext.A4(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer notice by the defendant.
Reference:
Ext.A4(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between M/s.SUN PACKERS vs M/s. AGL Foot care regarding recovery of money.
Case Code Year
Case between M/s.SUN PACKERS vs M/s. AGL Foot care regarding recovery of money.