Case Summary
The plaintiff, N.M. Balakrishnan, who is the manager of a partnership firm, is suing AHS Enterprises for unpaid debts related to supplied goods. The defendant has failed to make payments despite receiving legal notice for the outstanding amount.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit due to lack of evidence from the plaintiff in support of his claims. The defendant's continuous absence contributed to the decision of the court.
Key Reasoning:
The plaintiff failed to establish his claim due to lack of evidence.
The plaintiff failed to establish his claim due to lack of evidence.
Why Defendant Won:
The plaintiff failed to establish his claim due to lack of evidence.
The plaintiff failed to establish his claim due to lack of evidence.
Supporting Evidence
The court concluded that merely going through the exhibits will not establish the case as completed by the plaintiff. It was found that the plaintiff is not entitled to the relief due to lack of evidence.
Judgment Evidence:
In the result, suit is dismissed. Considering the fact that the defendant remains exparte to the proceedings, there is no order to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.M. Balakrishnan
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- AHS Enterprises
- Relation
- represented by its proprietor, Shabdeen Kunju
Plaintiffs Documents
Legal notice dated 29.06.2020, Copy postal receipt dated 01.07.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sushanth.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alan Priyadharshi Dev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Premraj C.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishnapriya. B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Hyma
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought recovery of the amount due from the defendant.
Evidence:
Therefore, it can be found that the plaintiff is not entitled to the relief as prayed for due to lack of evidence in his favour.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice dated 29.06.2020 was sent by the plaintiff demanding payment from the defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The copy of postal receipt dated 01.07.2020 was marked subject to proof.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between N.M. Balakrishnan vs AHS Enterprises regarding realization of money.
Case Code Year
Case between N.M. Balakrishnan vs AHS Enterprises regarding realization of money.