Case Summary
Southern Phosphate & Mineral, a partnership firm, has filed a suit against Mahavishnu Agro Service and its proprietor Mahesh due to unpaid debts totaling Rs.6,71,591/-. The defendants have failed to clear the outstanding dues despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.7,28,777/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case through evidence and the defendants' admission of liability.
Plaintiff established a case through evidence and the defendants' admission of liability.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.7,28,777/- along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Southern Phosphate & Mineral (Age not specified years)
39/986-A2, 1st floor, Apoorva Apartments, Subhash Chandra Bose Road, Vyttila P O, Cochin - 682 019
Defendants
Mahavishnu Agro Service (Age not specified years)
Nadavayal, Wayanad - 670 721
Mahesh (57 years)
Kalloly House, Rasthakunnu, Kambalakkad P O, Paralikunnu, Kannur - - 670 721
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.7,28,777/- along with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.7,28,777/- with interest from defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest is to be paid at the rate of 12% from the date of suit till the date of decree and 6% from the date of decree till payment.
Evidence:
Defendants are directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Letter of Authorization
Submitted By:
Plaintiff
Relevance:
Authorized Mr. M.B Sanjeev to represent the plaintiff.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documented the sale of goods to the 1st defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documented the sale of goods to the 1st defendant.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documented the sale of goods to the 1st defendant.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the defendants of their outstanding dues.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice.
Reference:
Ext.A7
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Shows that the notice sent to the 1st defendant was returned undelivered.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of notification by the 2nd defendant.
Reference:
Ext.A9