Case Summary
Novelty Clothing Private Limited filed a suit against Asharaf for the recovery of an outstanding amount related to textile purchases. The plaintiff claims the defendant has not paid for goods purchased on credit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff company is allowed to recover Rs.1,47,665 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved the averments in the plaint through unrebutted evidence.
The plaintiff successfully proved the averments in the plaint through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the averments in the plaint through unrebutted evidence.
The plaintiff successfully proved the averments in the plaint through unrebutted evidence.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A4 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff company is allowed to recover Rs.1,47,665 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Novelty Clothing Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Asharaf
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of attorney, True copy of statement of account, 23.10.2018 Cheque bearing No. 083899, 23.11.2018 Cheque dishonour memo.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.Gopakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover Rs. 1,47,665 together with interest.
Evidence:
The plaintiff company is allowed to recover Rs. 1,47,665 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get costs of the suit from the defendant.
Evidence:
The plaintiff company is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of attorney.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True copy of statement of account.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No. 083899.
Reference:
Ext.A3
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Cheque dishonour memo.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Novelty Clothing Private Limited vs Asharaf regarding recovery of money
Case Code Year
Case between Novelty Clothing Private Limited vs Asharaf regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act