Case Summary
The plaintiff, Speed Pack, is seeking recovery of an outstanding amount from the defendant, Arafa Marketing, for articles purchased on credit. Despite previous payments, the defendant has not settled the full amount due, prompting the plaintiff to file suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 8,72,830/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs. 8,72,830/- along with interest for the unpaid amount.
Why Plaintiff Won:
The evidence tendered by the plaintiff was unchallenged and proved the defendant's liability.
The evidence tendered by the plaintiff was unchallenged and proved the defendant's liability.
Losing Side's Weaknesses:
The evidence tendered by the plaintiff was unchallenged and proved the defendant's liability.
The evidence tendered by the plaintiff was unchallenged and proved the defendant's liability.
Supporting Evidence
The evidence tendered by PW1 and the documents produced and marked as Ext.A1 to A15 stands unchallenged. No contra evidence adduced. The unchallenged evidence of PW1 and documents marked as Ext. A1 to A15 proves the case of the plaintiff, thereby, the liability of the defendant towards the plaintiff firm stands proved.
Judgment Evidence:
In the result, suit decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 8,72,830/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.U. Paulose
- Party Age
- 49
- Relation
- Proprietor
- Party Role
- Defendant
- Party Name
- Shaji Ahammad
- Party Age
- 50
- Relation
- Proprietor
Plaintiffs Documents
Statement of account from 1.4.2021 to 31.3.2022, Tax invoices from 2.9.2022 to 22.10.2022, Office copy of the lawyer notice dated 12.12.2023, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.R. Sudheer
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount of Rs. 8,72,830/- along with interest.
Evidence:
The defendant is hereby directed to pay the amount of Rs. 8,72,830/- along with 12% per annum as interest from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the financial statement proving the amounts owed by the defendant.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
These tax invoices detail the transactions and amounts for the purchased articles.
Reference:
Ext.A2 to A13
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is relevant as it shows the formal demand for payment made to the defendant.
Reference:
Ext.A14
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as evidence of the defendant's receipt of the lawyer notice.
Reference:
Ext.A15
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
Case between Speed Pack vs Arafa Marketing regarding recovery of money
Case Code Year
Case between Speed Pack vs Arafa Marketing regarding recovery of money