Case Summary
Powerled Technologies Private Ltd. is suing Sadikh, the proprietor of Dutch & Habro, for Rs.2,85,903/- due to unpaid returns and unsold goods. The plaintiff claims that despite repeated reminders, the defendant failed to pay the amounts owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize an amount of Rs.1,11,512/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit in favor of the plaintiff, allowing them to recover Rs.1,11,512/- from the defendant with interest.
Why Plaintiff Won:
The plaintiff proved their entitlement to the return of goods costing Rs.1,11,512/- as the defendant failed to refund for the returned stock.
The plaintiff proved their entitlement to the return of goods costing Rs.1,11,512/- as the defendant failed to refund for the returned stock.
Losing Side's Weaknesses:
The plaintiff proved their entitlement to the return of goods costing Rs.1,11,512/- as the defendant failed to refund for the returned stock.
The plaintiff proved their entitlement to the return of goods costing Rs.1,11,512/- as the defendant failed to refund for the returned stock.
Supporting Evidence
The defendant’s failure to replace or refund the balance amount of Rs.1,11,512/-, despite partial replacement and issuance of exhibit A6 notice, amounts to breach of contractual obligation under Clause 11 of exhibit B1.
Judgment Evidence:
In the result, the suit is decreed in part as follows; (i) The plaintiff is allowed to realize an amount of Rs.1,11,512/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Powerled Technologies Private Ltd.
- Party Role
- Defendant
- Party Name
- Sadikh
Plaintiffs Documents
Legal notice dated 16.12.2019, Board resolutions, Power of Attorney, contract of Distribution, and account statements.
Defendants Documents
Original contract dated 14.05.2018.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rahul P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajesh V. Prasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.K. Sajeevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. Radhakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Arpanai T.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Maria Ancy V.J.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Libin Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is allowed to realize an amount of Rs.1,11,512/- from the defendant
Evidence:
The plaintiff is entitled to get a decree for realization of Rs.1,11,512/- from the defendant.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Extract of the resolution passed by the Board of Directors of the plaintiff's company
Reference:
Ext.A1
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution passed by the Board of Directors of plaintiff's company
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original Power of Attorney executed by the Managing Director of the plaintiff company
Reference:
Ext.A3
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution passed by the Board of Directors of the plaintiff's company
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of legal notice sent by the plaintiff to the defendant
Reference:
Ext.A6
Document Type:
Original Contract
Submitted By:
Defendant
Relevance:
Original contract dated 14.05.2018 executed between the plaintiff and the defendant
Reference:
Ext.B1
Document Type:
Debit Note
Submitted By:
Plaintiff
Relevance:
Debit Note No.1 issued by the plaintiff to the defendant
Reference:
Ext.A8
Document Type:
Debit Note
Submitted By:
Plaintiff
Relevance:
Debit Note No.2 issued by the plaintiff to the defendant
Reference:
Ext.A9
Document Type:
Debit Note
Submitted By:
Plaintiff
Relevance:
Debit Note No.3 issued by the plaintiff to the defendant
Reference:
Ext.A10
Document Type:
Debit Note
Submitted By:
Plaintiff
Relevance:
Debit Note No.4 issued by the plaintiff to the defendant
Reference:
Ext.A11
Document Type:
Debit Note
Submitted By:
Plaintiff
Relevance:
Debit Note No.5 issued by the plaintiff to the defendant
Reference:
Ext.A12
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued under Section 63 of Bharatiya Sakshya Adhiniyam, 2023, with respect to Exts. A8 to A12
Reference:
Ext.A13
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Digital copy of the account statement of plaintiff concerning M/s Dutch & Habro for 01.04.2017 to 31.03.2022, along with certification
Reference:
Ext.A14
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Digital copy of the account statement of plaintiff concerning stock group summary of M/s Dutch & Habro for 01.04.2017 to 18.09.2019, along with certification
Reference:
Ext.A15
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Powerled Technologies Private Ltd. vs Sadikh regarding realization of money
Case Code Year
Case between Powerled Technologies Private Ltd. vs Sadikh regarding realization of money