Case Summary
The plaintiff, Speed Pack, engaged in business transactions with the defendant, Babiyos Marketing, is seeking payment for credit extended over the last two years. The defendant purchased goods worth a total of Rs. 1,26,127/- but has failed to pay the remaining balance of Rs. 35,820/- despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is hereby directed to pay the amount of Rs. 38,320/- 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 found in favor of the plaintiff and decreed the suit, ordering the defendant to pay Rs. 35,820/- with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the documents submitted proved the case.
The unchallenged evidence of the plaintiff and the documents submitted proved the case.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and the documents submitted proved the case.
The unchallenged evidence of the plaintiff and the documents submitted proved the case.
Supporting Evidence
The unchallenged evidence of PW1 and documents marked as Ext. A1 to A5 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. 38,320/- 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
- Speed Pack
- Party Role
- Defendant
- Party Name
- Babiyos Marketing
Plaintiffs Documents
Statement of account from 1.4.2022 to 31.3.2023, Tax invoices of the plaintiff firm dated 17.5.2022 and 24.1.2023, Office copy of the lawyer notice dated 13.12.2023, 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
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs. 38,320/- along with interest.
Evidence:
In the result, suit decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 38,320/- 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.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a record of the account from 01.04.2022 to 31.03.2023, supporting the plaintiff's claim for the amount owed.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
These documents are tax invoices related to articles purchased by the defendant, evidencing the transactions in question.
Reference:
Ext.A2 and A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the lawyer's notice sent to the defendant, indicating further attempts to recover the debt.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of communication with the defendant regarding the claim.
Reference:
Ext.A5
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 Babiyos Marketing regarding recovery of money
Case Code Year
Case between Speed Pack vs Babiyos Marketing regarding recovery of money