Case Summary
The plaintiff, Nikhil N. Asher, is seeking to recover outstanding payments from the defendants who are partners of Spectra Associates, now Spectra Décor, amounting to Rs.86,238/- due to non-payment for goods purchased on credit. The defendants failed to appear in court despite summons, leading to an ex-parte hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.1,17,283/- from the defendants and from their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff allowing him to recover a total sum of Rs.1,17,283/- along with applicable interest and costs from the defendants.
Why Plaintiff Won:
The unrebutted evidence presented by the plaintiff established his claim, as the defendants did not contest the suit.
The unrebutted evidence presented by the plaintiff established his claim, as the defendants did not contest the suit.
Losing Side's Weaknesses:
The unrebutted evidence presented by the plaintiff established his claim, as the defendants did not contest the suit.
The unrebutted evidence presented by the plaintiff established his claim, as the defendants did not contest the suit.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A8 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.1,17,283/- (Rupees One lakh seventeen thousand two hundred and eighty three only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nikhil N. Asher
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asha Suresh
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Soumya Jithin
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 45
Plaintiffs Documents
Copy of lawyer notice dated 01.12.2021, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.G. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Krishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,17,283 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.1,17,283/ from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest @ 12% per annum on the amount due from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,17,283/ from the date of suit till date decree from the defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest @ 6% per annum from the date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.1,17,283/ from date of decree till date of realization from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of the lawyer's notice dated 01.12.2021 sent to the defendants regarding the outstanding payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is the original postal receipt dated 01.12.2021 which confirms the sending of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This is the original of the lawyer's notice returned unserved, highlighting the defendants' refusal to accept the notice.
Reference:
Ext.A4
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
This document is the ledger account together with certification under Section 65(b), providing evidence of the financial transactions.
Reference:
Ext.A5 & A5(a)
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This is another copy of the lawyer's notice dated 01.12.2021, reinforcing the plaintiff's claim.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These postal receipts serve as proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A7
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document is the returned cover which further indicates the defendants' avoidance of communication.
Reference:
Ext.A8
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
The unrebutted oral testimony of PW1 established the plaintiff's case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Nikhil N. Asher vs Asha Suresh et al regarding Suit For Realization Of Money
Case Code Year
Case between Nikhil N. Asher vs Asha Suresh et al regarding Suit For Realization Of Money