Case Summary
Nikhil.N.Asher, the managing partner of Kumud Enterprises, filed a suit against Jabir for the recovery of a debt related to business transactions involving laminates and PVC foam boards. The defendant acknowledged the debt but failed to repay the full amount due after several attempts by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,76,322/- along with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence showing the defendant's acknowledgment of the debt.
The plaintiff established a case with unchallenged evidence showing the defendant's acknowledgment of the debt.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,76,322/- (Rupees One lakh seventy six thousand, three hundred and twenty two only) along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Nikhil.N.Asher (51 years)
31/2149A, Kuthapady Road, Thammanam.P.O., Ernakulam District
Defendants
Jabir (38 years)
35/2939 A, Chakkalakal Building, Perumanthazham Road, Ponekkara, Ernakulam District, Pin682 041
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.1,76,322/- with interest from defendant.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,76,322/- with interest from defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant and his assets shall be liable to satisfy the decree debt.
Evidence:
Defendant and his assets shall be liable to satisfy the decree debt.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The true copy of the Account Statement of the Defendant kept by the plaintiff.
Reference:
Ext.A1
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice bill No.4097 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice Bill No. 104 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A3
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice bill No. 413 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A4
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice bill No. 1261 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The copy of the lawyer notice issued by the plaintiff to the defendant.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt for the issuance of the lawyer notice.
Reference:
Ext.A7
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The acknowledgement card for the acknowledgement of the lawyer notice.
Reference:
Ext.A8