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O.S No. 1582/2019

Case between P. Madhavan Nair vs M/s. Vodafone Idea Ltd regarding realisation of money

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-22
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

P. Madhavan Nair, a contractor, has sued M/s. Vodafone Idea Ltd for failing to honor a contract and not providing necessary government permissions. The plaintiff claims that the defendant unilaterally cancelled the contract and did not return the bank guarantee amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendant to pay ₹4,42,750 along with future interest for failing to fulfill the contract terms. The plaintiff is also entitled to the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff a total amount of 4,42,750/- with future interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's evidence was uncontested as the defendant was ex parte, leading to the conclusion that the plaintiff's claims were valid.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff a total amount of 4,42,750/- with future interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and its assets.

Parties Involved

Plaintiffs

P. Madhavan Nair (Age not specified years) PP No. 7, Attam, Mottamoodu, Pallickal, Trivandrum – 695 020

Defendants

M/s. Vodafone Idea Ltd (Age not specified years) Ground Floor, VJ Tower, Service Road Vytila, Ernakulam, Kochi, Kerala- 682 015

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay to the plaintiff a total amount of ₹4,42,750 with future interest.
Evidence:
The defendant is directed to pay to the plaintiff a total amount of 4,42,750/ (Four lakhs forty two thousand seven hundred and fifty Rupees only) with future interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and its assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff shall be at liberty to realise the amount from the defendant and its assets if not paid.
Evidence:
If the defendant does not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant and its assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Notarised Power of Attorney
Submitted By: Plaintiff
Relevance:
This document was marked as evidence presented by the plaintiff.
Reference:
Ext.A1
Document Type: True copy of the Legal Notice
Submitted By: Plaintiff
Relevance:
This document was marked as evidence presented by the plaintiff.
Reference:
Ext.A2
Document Type: E-mail Communication Containing work Order
Submitted By: Plaintiff
Relevance:
This document was marked as evidence presented by the plaintiff.
Reference:
Ext.A3
Document Type: Certificate under Section 65(B) of Evidence Act
Submitted By: Plaintiff
Relevance:
This document was marked as evidence presented by the plaintiff.
Reference:
Ext.A3(a)
Document Type: Copy of the demand draft bearing No. 001195
Submitted By: Plaintiff
Relevance:
This document was marked as subject to proof.
Reference:
Ext.A4
Document Type: Photocopy of the letter
Submitted By: Plaintiff
Relevance:
This document was marked as evidence presented by the plaintiff.
Reference:
Ext.A5
Document Type: Copy of the receipt issued by Kottayam Municipality
Submitted By: Plaintiff
Relevance:
This document was marked as subject to proof.
Reference:
Ext.A6

Quick Facts

Location
Case Filed
Tue, 01/01/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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