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
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.
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
Plaintiffs
Sri. C.K. Kesavan Nair @ C.K.K. Nair (85 years)
Bini Building, Ponoth Road, Kaloor, Ernakulam, Cochin – 682 017
Defendants
M/S Nirman Encon Projects Pvt. Ltd (Age not specified years)
78A, 2nd Floor, Zamrudpur, Greater Kailash, NewDelhi–110048
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