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O.S. No. 127 of 2020

Case between Novelty Clothing Private Limited vs Asharaf regarding recovery of money

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-02-27
Duration
approximately-5 years 7 months
Case Closed
Tue, 02/27/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam, Kerala
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 07/24/2018 - 12:00
Case Closed
Tue, 02/27/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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