Case Summary
Nikhil.N. Asher, the plaintiff and Managing Partner of Kumud Enterprises, filed a suit against the firm Plymart and its partners for the recovery of an outstanding amount. The defendants acknowledged the debt but failed to make the remaining payment despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,61,524/- and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and relevant exhibits established the claim of the plaintiff.
The unrebutted oral testimony of the plaintiff and relevant exhibits established the claim of the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.1,61,524/- from the defendants and from their assets.
Parties Involved
Plaintiffs
Nikhil.N. Asher (51 years years)
31/2149- A, Kuthapady Road, Thammanam P.O, Ernakulam district.
Defendants
Plymart (Age not specified years)
AP 13/855D, Jubilee Junction, Calicut Road, Perinthalmanna, Malappuram District. Pin: 679321.
Muhammed Suhail (65 years years)
AP 13/855D, Jubilee Junction Calicut Road, Perinthalmanna, Malappuram District. Pin: 679321.
Madari Muhammed Fijas (40 Years years)
AP 13/855D, Jubilee Junction Calicut Road, Perinthalmanna, Malappuram District. Pin: 679321.
Raravetty Muhammed Salim (38 Years years)
AP 13/855D, Jubilee Junction Calicut Road, Perinthalmanna, Malappuram District. Pin: 679321.
Muhammed Sharafudheen (42 Years years)
AP 13/855D, Jubilee Junction Calicut Road, Perinthalmanna, Malappuram District. Pin: 679321.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.1,61,524/- along with interest and costs from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.1,61,524/- (Rupees One Lakh Sixty One Thousand Five Hundred and Twenty Four only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum on Rs.1,61,524/- from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,61,524/- (Rupees One Lakh Sixty One Thousand Five Hundred and Twenty Four only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum on Rs.1,61,524/- from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,61,524/- (Rupees One Lakh Sixty One Thousand Five Hundred and Twenty Four only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be realized from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Printout of Statement of Account
Submitted By:
Plaintiff
Relevance:
Document outlining the statement of account showing transactions related to the outstanding amount.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants demanding payment of the outstanding amount.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the legal notice to the defendants.
Reference:
Ext.A3
Document Type:
Certification of Document
Submitted By:
Plaintiff
Relevance:
Certification confirming the authenticity of Ext.A1.
Reference:
Ext.A5