Case Summary
The plaintiff, Sri. C.K. Kesavan Nair, is seeking to recover an outstanding amount from the defendant, M/S Nirman Encon Projects Pvt. Ltd, for goods supplied. The defendant failed to repay the credit purchases made towards construction work conducted for the Indian Navy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.58,427/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.58,427/- with interest. The defendant is also liable for the costs of the suit.
Why Plaintiff Won:
The court found that the plaintiff established his case with sufficient documentary evidence.
The court found that the plaintiff established his case with sufficient documentary evidence.
Losing Side's Weaknesses:
The court found that the plaintiff established his case with sufficient documentary evidence.
The court found that the plaintiff established his case with sufficient documentary evidence.
Supporting Evidence
Upon perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.58,427/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.58,427/- (Rupees Fifty eight thousand four hundred and twenty seven only) along with interest @12% from 25.10.2023 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri. C.K. Kesavan Nair @ C.K.K. Nair
- Party Age
- 85
- Relation
- S/o Late C.V Krishna Pillai
- Party Role
- Defendant
- Party Name
- M/S Nirman Encon Projects Pvt. Ltd
- Relation
- represented by its Managing Director
Plaintiffs Documents
Account statement, copy of invoice dated 03.11.2022, copy of lawyer notice dated 05.04.2023, postal receipt, copy of lawyer notice dated 21.06.2023, returned cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.B. Premachandra Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B Rajesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.58,427/- along with interest.
Evidence:
Defendant shall pay Rs.58,427/- (Rupees Fifty eight thousand four hundred and twenty seven only) along with interest @12% from 25.10.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant and his assets shall be liable to satisfy the decree debt.
Evidence:
Defendant and his assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Maintained by the plaintiff in the regular and usual course of business with certificate under Sec.65(B) of the Indian Evidence Act.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Office copy of the invoice dated 03.11.2022.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued to the defendant dated 05.04.2023.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipts dated 05.04.2023.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued to the defendant dated 21.06.2023.
Reference:
Ext.A5
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Returned registered cover with A/D dated 24.06.2023.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Sri. C.K. Kesavan Nair vs M/S Nirman Encon Projects Pvt. Ltd regarding realization of money.
Case Code Year
Case between Sri. C.K. Kesavan Nair vs M/S Nirman Encon Projects Pvt. Ltd regarding realization of money.