Case Summary
The plaintiff, P. Jose Ukkru, seeks to recover an amount of Rs.2,34,823.20 from the defendants, M/s. Systematic Industries Pvt. Ltd. and Sidharth Agarwal, due to defective goods supplied under a purchase order. The plaintiff claims the amount was paid as an advance, but the goods were rejected for being rusted.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,34,823 with 10% annual interest from the date of suit
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover Rs.2,34,823 along with interest from the defendants. The defendants are also ordered to bear the costs of the suit.
Why Plaintiff Won:
The plaintiff established the claim with unrebutted oral testimony and supporting evidence.
The plaintiff established the claim with unrebutted oral testimony and supporting evidence.
Losing Side's Weaknesses:
The plaintiff established the claim with unrebutted oral testimony and supporting evidence.
The plaintiff established the claim with unrebutted oral testimony and supporting evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 (a) to A8 established the case as pleaded by the plaintiff. The claim as sought for in the plaint remains unpaid by the defendants.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.2,34,823/- (Rupees Two lakh Thirty Four Thousand Eight Hundred and Twenty Three only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. Jose Ukkru
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Systematic Industries Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sidharth Agarwal
Plaintiffs Documents
Statement of accounts, tax invoice, E-way bill, lorry receipt, rejected invoice, lawyer notice, non-starter report.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G. Cleetus
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul N.V.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.2,34,823/- along with interest.
Evidence:
The plaintiff is entitled to realize an amount of Rs.2,34,823/- from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Interest at the rate of 10% per annum on the claimed amount.
Evidence:
The plaintiff is entitled to realize interest @ 10% per annum for Rs.2,34,823/- from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Interest at the rate of 6% per annum on the claimed amount from date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,34,823/- from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Document related to the financial transactions of the plaintiff.
Reference:
Ext.A1(a)
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued by the defendants for the purchase.
Reference:
Ext.A2
Document Type:
E-way bill
Submitted By:
Plaintiff
Relevance:
Document supporting the transportation of goods.
Reference:
Ext.A3(a)
Document Type:
Lorry receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the delivery of goods.
Reference:
Ext.A4
Document Type:
Rejected invoice
Submitted By:
Plaintiff
Relevance:
Invoice that was returned by the trader due to defective goods.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding repayment.
Reference:
Ext.A6
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Proof of delivery of legal notice.
Reference:
Ext.A7
Document Type:
Non-starter report
Submitted By:
Plaintiff
Relevance:
Report issued by the District Legal Service Authority regarding mediation.
Reference:
Ext.A8
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 P. Jose Ukkru vs M/s. Systematic Industries Pvt. Ltd. et al regarding recovery of money
Case Code Year
Case between P. Jose Ukkru vs M/s. Systematic Industries Pvt. Ltd. et al regarding recovery of money