Case Summary
The plaintiff, Topic Drug Lines, engaged in the pharmaceutical business, filed a suit against the defendants, Shaju Antony and his son, for the recovery of outstanding dues for supplied goods. They supplied goods on credit, but the defendants failed to make payments, leading to this lawsuit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to establish that the defendants are the proprietors of the hospitals or that there was any business transaction.
The plaintiff failed to establish that the defendants are the proprietors of the hospitals or that there was any business transaction.
Judgment Evidence:
In the result, suit is dismissed with cost.
Parties Involved
Plaintiffs
Rajendran K K (53 years years)
Topic Drug Lines, Kalavath Tower, Palarivattom- 682025, Ernakulam District
Defendants
Shaju Antony (53 years years)
Pulickal House, Cheedamukku Junction, Karukutty- 683576, Angamaly, Ernakulam District
Sachin (23 years years)
Pulickal House, Cheedamukku Junction, Karukutty- 683576, Angamaly, Ernakulam District
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of the outstanding dues along with applicable interest and incidental charges.
Evidence:
the court concludes that the plaintiff has failed to establish the existence of a monetary transaction between the plaintiff and the defendants, or that the defendants are the proprietors of the respective clinics and hospital.
Documents & Evidence
Document Type:
General Ledger
Submitted By:
Plaintiff
Relevance:
Computer printout for the period from 02.12.2019 to 14.03.2020, pertaining to Maria Clinic.
Reference:
Ext.A1
Document Type:
General Ledger
Submitted By:
Plaintiff
Relevance:
Computer printouts for the period from 11.12.2019 to 21.09.2020, relating to St. Philomina Hospital.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice dated 13.02.2021 issued to the defendants demanding repayment.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the second defendant for the legal notice.
Reference:
Ext.A4
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Postal cover returned with an endorsement from the postal department.
Reference:
Ext.A5