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os. No.20/2018

Case between PEPCO vs P. P Corporation regarding realization of money

Court
IN THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha NA
Order Date
2024-03-01
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, PEPCO, is seeking to recover money from the defendant, P. P Corporation, for dishonored cheques related to the purchase of tissue papers. The defendant failed to appear in court, leading to a decision in favor of the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the amount claimed along with interest.
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay ₹2,01,891/- with interest @ 12% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the amount claimed along with interest.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaintiff proved its contentions through affidavit as well as through the documents. So from the evidence adduced it is clear that defendant firms liable to pay ₹2,01,891/- (Rupees Two Lakhs One Thousand Eight Hundred and Ninety One only) to the plaintiff firm and the suit is liable to be decreed.

Judgment Evidence:

In the result, suit is decreed as follows: a) The defendant shall pay ₹2,01,891/- (Rupees Two Lakhs One Thousand Eight Hundred and Ninety One only) with interest @ 12% per annum from the date of the suit till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
PEPCO
Party Role
Defendant
Party Name
P. P Corporation
Plaintiffs Documents
Various cheques, GST invoices, and lawyer notices.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M Y Saju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
R Sivakumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant shall pay ₹2,01,891/- with interest @ 12% per annum from the date of the suit till realization.
Evidence:
In the result, suit is decreed as follows: a) The defendant shall pay ₹2,01,891/- (Rupees Two Lakhs One Thousand Eight Hundred and Ninety One only) with interest @ 12% per annum from the date of the suit till realization.
Relief Type: Costs
Outcome: Refused
Description:
The plaintiff is not entitled to costs in the suit.
Evidence:
b) The plaintiff is not entitled to costs in the suit, considering the nature of the suit.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
These cheques were issued by the defendant to the plaintiff and were dishonoured, forming the basis of the plaintiff's claim for recovery.
Reference:
Ext.A1 to Ext.A21
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
The plaintiff was examined as PW1 and provided testimony supporting the claim.
Reference:

Case Classification

Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Cheque dishonour
Case Code
Case between PEPCO vs P. P Corporation regarding realization of money
Case Code Year
Case between PEPCO vs P. P Corporation regarding realization of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Kolenchery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sat, 03/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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