O.S. No. 162/2019

Case between Osseous Health Care Pvt Ltd vs The Superintendent, General Hospital et al regarding Recovery of Money

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

Smt. Reeja R. Nair

Order Date

2025-08-21

Duration

approximately-6 years 6 months

Case Closed

Thu, 08/21/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Osseous Health Care Pvt Ltd filed a suit against The Superintendent of the General Hospital and the Hospital Development Authority for the recovery of unpaid bills for pharmaceutical supplies. Despite multiple demands and legal notices, the defendants failed to make payment.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed in favor of the plaintiff, allowing them to recover Rs.64,451 from the second defendant, with interest. The first defendant was exonerated from liability due to lack of evidence.

Judgment Favored

Plaintiff

Relief Granted

Plaintiff allowed to realize an amount of Rs.64,451/- from the 2nd defendant with interest.

Case Type

Civil Suit

Final Judgment

The court decreed in favor of the plaintiff, allowing them to recover Rs.64,451 from the second defendant, with interest. The first defendant was exonerated from liability due to lack of evidence.

Why Plaintiff Won:
The plaintiff proved the debt through invoices and legal notices, while the defense failed to provide sufficient evidence.

Losing Side's Weaknesses:
Not available

Supporting Evidence

Thus the plaintiff has proved his case beyond the preponderance of probabilities. Therefore, the onus of proof on the shoulder of 2nd defendant to prove the discharge of the payment of plaint amount, is not established before this court.

Judgment Evidence:

In the result, the suit is decreed as follows; (i) The plaintiff is allowed to realize an amount of Rs.64,451/- from the 2nd defendant and his assets with interest at the rate of 12% per annum from the date of invoices till the date of suit, as well as from the date of suit till the date of decree...

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Osseous Health Care Pvt Ltd
Relation: Represented by

Party Role: Defendant
Party Name: The Superintendent, General Hospital, (Paying Pharmacy), Thalassery, Kannur District, Pin: 670 101

Party Role: Defendant
Party Name: Hospital Development authority, Taluk Hospital, Thalassery
Relation: Represented by

Plaintiffs Documents

Certificate of incorporation, resolutions, tax invoices, legal notice, acknowledgment card.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: K.N. Chandra Babu
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: K. Dhanesh Kumar K.
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: C.T. Jestin
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiff is entitled to recover Rs.64,451/- from the 2nd defendant.

Evidence:

Therefore, the plaintiff is entitled to get a decree for realization of Rs.64,451/- from the 2nd defendant.

Relief Type: Injunction

Outcome: Granted

Description:

Interest at the rate of 12% per annum from the date of invoices till the date of suit.

Evidence:

The plaintiff is allowed to realize an amount of Rs.64,451/- from the 2nd defendant and his assets with interest at the rate of 12% per annum from the date of invoices till the date of suit.

Relief Type: Injunction

Outcome: Granted

Description:

Interest at the rate of 6% per annum till realization from the date of decree.

Evidence:

The plaintiff is allowed to realize an amount of Rs.64,451/- ... and thereafter with interest at the rate of 6% per annum till realization.

Relief Type: Other

Outcome: Granted

Description:

Plaintiff is also allowed to recover costs of the suit from the 2nd defendant.

Evidence:

The plaintiff is also allowed to realize the costs of the suit from the 2nd defendant.

Documents & Evidence

Document Type: Certificate of Incorporation

Submitted By: Plaintiff

Relevance:

Proves the legal existence of the plaintiff company.

Reference:

Ext.A1

Document Type: Resolution

Submitted By: Plaintiff

Relevance:

Authorizes the representative to act on behalf of the company.

Reference:

Ext.A2

Document Type: Tax Invoice

Submitted By: Plaintiff

Relevance: